(1) If a noncustodial parent (NCP) signs a payment agreement, the division of child support (DCS) stays the certification action.
(2) The signing of a payment agreement does not require DCS to withdraw the notice of noncompliance.
(3) By signing a payment agreement, the NCP waives the right to an administrative hearing on any notice of noncompliance served before the date the NCP signs the agreement.
(4) The payment agreement must state that if the NCP fails to make payments under the terms of the agreement and the NCP owes a debt of more than six months' worth of child support payments, DCS may resume certification action with no further notice to the NCP.
(5) In proposing or approving a payment agreement, DCS must take into account:
(a) The amount of the arrearages.
(b) The amount of the current support order.
(c) The earnings of the NCP.
(d) The needs of all children who rely on the NCP for support.
(e) Any documented factors which make the NCP eligible for a monthly arrears payment less than the amount suggested in the table in subsection (8) of this section, including but not limited to:
(i) Special needs children; or
(ii) Uninsured health care expenses.
(f) Any documented factors which make the NCP eligible for an arrears payment higher than the amount suggested in the table in subsection (8) of this section, including but not limited to the factors listed in RCW 26.19.075
for deviation from the standard calculation for child support obligations.
(g) If the NCP does not supply sufficient financial information and documentation to allow DCS to analyze and document the NCP's current financial situation and requirements, DCS may not be able to tailor a payment plan to the individual circumstances of the NCP.
(6) The payment agreement must require timely payments of current support and on the arrears, but may in appropriate circumstances:
(a) Provide for the payment of less than the current monthly support obligation for a reasonable time without requiring any payment on the arrears; and
(b) Provide for the payment of current support only for a reasonable time without requiring any payment on the arrears; and
(c) Require a reasonable payment schedule on the arrears once the NCP is paying the entire current monthly support obligation.
(7) The payment agreement may, in appropriate cases, require the NCP to engage in employment-enhancing activities to attain a satisfactory payment level. These employment-enhancing activities must be tailored to the individual circumstances of the NCP.
(8)(a) A reasonable monthly arrears payment is defined as a percentage of the NCP's "adjusted net income," which is the NCP's net monthly income minus any current support obligation. Documented factors as specified in subsection (4) of this section may be the basis for adjustments to the amounts on this table in order to develop a payment agreement which is tailored to the individual financial circumstances of the NCP.
(b) The following table sets forth the suggested monthly payments on arrears:
|Monthly adjusted net income (ANI) ||Monthly arrears payment = Percentage of ANI |
|$1,000 or less ||2% |
|$1,001 to $1,200 ||3% |
|$1,201 to $1,500 ||4% |
|$1,501 to $1,900 ||5% |
|$1,901 to $2,400 ||6% |
|$2,401 to $3,000 ||7% |
|$3,001 or more ||8% |
(c) Examples of how to calculate the arrears payment are as follows:
|(a) Monthly net income ||= ||$1,500 |
|Current support ||= ||$300 |
|Adjusted net income (ANI) ||= ||$1,200 |
|Arrears payment = 3% of ANI ||= ||$36 |
|(b) Monthly net income ||= ||$3,100 |
|Current support ||= ||$-0- |
|Adjusted net income (ANI) ||= ||$3,100 |
|Arrears payment = 8% of ANI ||= ||$248 |
(9) If the NCP and DCS are unable to agree to a payment plan, DCS schedules the matter for an administrative hearing.
(10) If the NCP fails to make payments under the terms of the agreement, DCS may resume certification action with no further notice to the NCP.
[Statutory Authority: 2009 c 408, RCW 34.05.060, 43.20A.550, 74.04.055, 74.04.057, 74.20A.310, 74.20A.320(10), and74.20A.350 (14). 10-03-029, § 388-14A-4520, filed 1/12/10, effective 2/12/10. Statutory Authority: RCW 74.20A.320. 03-18-114, § 388-14A-4520, filed 9/2/03, effective 10/15/03. Statutory Authority: RCW 74.08.090, 74.20A.320. 01-03-089, § 388-14A-4520, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-550.]