(1) An administrative hearing on a notice of noncompliance under WAC 388-14A-4505
is limited to the following issues:
(a) Whether the person named in the child support order is the noncustodial parent (NCP);
(b) Whether the NCP is required to pay child support under a child support order;
(c) Whether the NCP is more than six months in arrears; and
(d) Whether the NCP has made a good faith effort to comply with the order.
(2) When determining whether the NCP has made a good faith effort to comply with the order, the administrative law judge (ALJ) must consider whether the NCP:
(a) Kept DCS informed of any changes in address or employment;
(b) Provided employer information when employed so that DCS could institute income withholding;
(c) Paid at least one month's worth of current support by voluntary payment during a period when the NCP was not employed; or
(d) Can show any other relevant fact-based factors on which the ALJ may base a finding of good faith.
(3) If the ALJ finds that the NCP is not in compliance with the support order, but has made a good faith effort to comply, the ALJ must formulate a payment schedule after considering:
(a) The amount of the arrearages owed;
(b) The amount of the current support order;
(c) The earnings of the NCP; and
(d) The needs of all children who rely on the NCP for support.
(4) The ALJ must:
(a) Consider the individual financial circumstances of the NCP in evaluating the parent's ability to pay; and
(b) Establish a fair and reasonable payment schedule tailored to the NCP's individual circumstances.
(5) The payment schedule may:
(a) Include a graduated payment plan as described in WAC 388-14A-4520
(b) Require the NCP to engage in employment-enhancing activities in order to attain a satisfactory payment level; and
(c) May be for the payment of less than current monthly support for a reasonable time.
(6) Unless the NCP shows an ability to pay immediately, the payment schedule is not required to include a lump sum payment for the amount of the arrears.
(7) The administrative order must contain a provision stating that:
(a) If the NCP does not comply with the payment schedule, DCS may proceed with the certification process with no further notice to the NCP;
(b) The payment schedule is for the limited purpose of avoiding license suspension; and
(c) DCS's authority to collect any and all amounts authorized under chapters 26.18
RCW is not affected by the payment schedule.
(8) The administrative law judge (ALJ) is not required to calculate the outstanding support debt beyond determining whether the NCP is at least six months in arrears. Any debt calculation shall not be binding on the department or the NCP beyond the determination that there is at least six months of arrears.
(9) If the NCP requests a hearing on the notice of noncompliance under the circumstances spelled out in WAC 388-14A-4510
(1)(a) or (b), DCS asks the office of administrative hearings to schedule a hearing. If the hearing results in a finding that the NCP is not in compliance with the order, or that DCS is authorized to certify the NCP, DCS stays the certification process until thirty days after the NCP:
(a) Is released from jail or prison; or
(b) Stops receiving cash public assistance.
[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-4530, filed 1/12/10, effective 2/12/10. Statutory Authority: RCW 74.20A.320. 03-18-114, § 388-14A-4530, filed 9/2/03, effective 10/15/03. Statutory Authority: RCW 74.08.090, 74.20A.320. 01-03-089, § 388-14A-4530, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-570.]