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WAC 388-14A-3310

What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?

(1) The division of child support (DCS) may serve a notice of support owed under RCW 26.23.110 on either the noncustodial parent (NCP) or the custodial parent (CP) whenever it is necessary to establish a fixed dollar amount owed under a child support order that was entered in Washington or by any other tribunal. This section provides general information regarding the notice of support owed.
(a) WAC 388-14A-3311 describes the procedures for service of a notice of support owed on the NCP to determine the fixed dollar amount of the support debt or the fixed dollar amount of the current and future support obligation, including:
(i) The NCP's proportionate share of daycare or child care expenses incurred on behalf of the child(ren); and
(ii) Converting a support order set in foreign currency using the current rate of exchange to fix the amount of support in U.S. dollars, if necessary; and
(b) WAC 388-14A-3312 describes the procedures for service of a notice of support owed on either parent to establish that parent's share of medical expenses and/or medical support owed for the child or children covered by a support order.
(2) The notice of support owed contains an initial finding, showing DCS' calculation of the fixed dollar amount of:
(a) The current and future support obligation;
(b) Any support debt owed; or
(c) Both amounts.
(3) The notice of support owed facilitates enforcement of the underlying support order by implementing the terms of the order, but it cannot modify the terms of the order.
(4) The reasons that DCS may serve a notice of support owed include, but are not limited to:
(a) The underlying support order sets a support obligation but does not state the monthly support obligation as a fixed dollar amount;
(b) The underlying support order sets a support obligation stated in foreign currency and DCS seeks to convert that amount using the current rate of exchange to fix the amount of support stated in U.S. dollars;
(c) DCS is implementing the adjustment or escalation provision of a court order;
(d) The support order provides that the NCP is responsible for paying for a portion of daycare or child care expenses incurred on behalf of the child(ren), but does not reduce the amount owed to a fixed dollar amount. DCS serves the notice of support owed to determine the NCP's proportionate share of those expenses; or
(e) The support order provides that either the NCP or the CP must provide medical support as required under either RCW 26.19.105 or 74.20A.300, but does not reduce the medical support obligation to a fixed dollar amount.
(5) Because of the different purposes for which DCS may serve a notice of support owed under RCW 26.23.110, DCS has developed two separate forms to use for the notice of support owed:
(a) The basic form used by DCS to establish a fixed dollar amount owed by an NCP under an existing child support order is called the notice of support owed.
(b) DCS developed a special form called the "notice of support owed - Medical support" which is used only for the following purposes:
(i) To notify an obligated parent of the obligation to pay a portion of the premium for health insurance provided by the other parent or state of Washington; or
(ii) To determine a fixed dollar amount for uninsured medical expenses incurred on behalf of the children and to demand payment of the obligated parent's proportionate share when a support order requires the obligated parent to pay a specific percentage of uninsured medical expenses.
(6) For the purposes of this chapter, the term "notice of support owed" includes "notice of support owed" and "notice of support owed - Medical support."
(7) DCS serves a notice of support owed on the NCP or the CP, as appropriate, like a summons in a civil action or by certified mail, return receipt requested.
(8) WAC 388-14A-3315 provides that, when DCS serves a notice of support owed on one party, DCS notifies the other party to the support order by sending a form called the notice to payee, and encloses a copy of the notice that was served.
(a) After service on the NCP, DCS mails a notice to payee to the CP and to the payee under the order, if the CP is not the payee under the order.
(b) After service on the CP, DCS mails a notice to payee to the NCP.
(9) In a notice of support owed, DCS includes:
(a) The information required by RCW 26.23.110;
(b) Any provision or factors contained in the underlying order regarding how to calculate the monthly support or the amounts claimed for medical support;
(c) Any other information not contained in the order that DCS used to calculate the amounts in the notice; and
(d) Notice of the right to request an annual review of the order or a review on the date given in the order for an annual review, if any. WAC 388-14A-3330 describes the procedures for the annual review of a notice of support owed.
(10) A notice of support owed fully and fairly informs the parties of the rights and responsibilities in this section.
(11) After service of a notice of support owed, the recipient of the notice (which could be either the CP or the NCP, as appropriate,) must make all support payments required by the notice to the Washington state support registry (WSSR). DCS does not credit payments made to any other party after service of a notice of support owed except as provided in WAC 388-14A-3375.
(12) The need to serve a notice of support owed does not require DCS to cease all enforcement actions on a case. At any time, DCS may enforce:
(a) A fixed or minimum dollar amount for monthly support stated in the court order or a prior administrative order entered under this section;
(b) Any part of a support debt that has been reduced to a fixed dollar amount by a court or administrative order; and
(c) Any part of a support debt that neither party claims is incorrect.
(13) A notice of support owed becomes final and subject to immediate income withholding and enforcement as provided in WAC 388-14A-3316.
(14) An objection or request for hearing on a notice of support owed may be timely or untimely:
(a) WAC 388-14A-3317 discusses what happens if a parent makes a timely request for hearing; and
(b) WAC 388-14A-3318 discusses what happens if a parent makes an untimely request for hearing.
(15) WAC 388-14A-3320 provides general information regarding an administrative hearing on a notice of support owed.
(16) WAC 388-14A-3330 provides information regarding the annual review of a notice of support owed.
(17) For the purposes of this section and WAC 388-14A-3311 through 388-14A-3330, the term "payee" includes "physical custodian," "custodial parent," or "party seeking reimbursement."
[Statutory Authority: RCW 26.23.120, 43.20A.550, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310, and 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2. WSR 11-22-116, § 388-14A-3310, filed 11/2/11, effective 12/3/11. Statutory Authority: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11). WSR 11-12-006, § 388-14A-3310, filed 5/19/11, effective 6/19/11. Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. WSR 08-12-029, § 388-14A-3310, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 74.08.090, 26.23.035, 34.05.220(1), 74.20A.310 and 26.23.110, and 74.20A.040. WSR 05-07-059, § 388-14A-3310, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 74.08.090, 26.23.035, 34.05.220(1), 74.20A.310. WSR 01-03-089, § 388-14A-3310, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-415.]
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