388-14A-3500  <<  388-14A-3600 >>   388-14A-3700

WAC 388-14A-3600

The parties may resolve any child support case by entering a consent order or an agreed settlement.

(1) The division of child support (DCS) may enter a consent order or agreed settlement to finalize any dispute in which a party requests a hearing. DCS attempts to settle matters through agreement when possible.
(a) An agreed settlement is signed only by the parties to the dispute.
(b) A consent order must be signed by the parties and by an administrative law judge (ALJ) provided that:
(i) In a telephone hearing, the ALJ may sign on behalf of any party if that party gives their consent on the record; and
(ii) The ALJ approves a consent order without requiring testimony or a hearing, unless entry of the order would be unlawful.
(2) An agreed settlement or consent order is final and enforceable on:
(a) The date the last party signs the agreed settlement, if all parties signed the agreed settlement;
(b) The date the ALJ signs the consent order; or
(c) If the ALJ defaults one of the parties to the proceeding, the latest of the following dates:
(i) The date the ALJ signed the consent order;
(ii) The date the last party signed the agreed settlement; or
(iii) The date the order of default is final. See WAC 388-14A-6110 and 388-14A-6115 to determine whether the ALJ issues an initial order or a final order.
(3) A party to a consent order or an agreed settlement may:
(a) Not petition for review of the settlement or order under WAC 388-02-0560;
(b) Petition for modification under WAC 388-14A-3925; and
(c) Petition to vacate the settlement or consent order under WAC 388-14A-3700. However, the ALJ may only vacate a settlement or consent order after making a finding of fraud by a party, or on any other basis that would result in manifest injustice.
(4) If a hearing has been scheduled, DCS files a copy of the agreed settlement or consent order with the office of administrative hearings (OAH), and OAH issues an order dismissing the hearing. There are no hearing rights on the order dismissing the hearing.
(5) An agreed settlement or consent order entered under this section must comply with the requirements of WAC 388-14A-6300 if the dispute concerns a notice and finding of financial responsibility or a notice and finding of parental responsibility or other notice or petition to determine the amount of a support obligation.
[Statutory Authority: RCW 26.23.050, 34.05.220, 74.08.090, 74.20A.310. WSR 05-14-102, § 388-14A-3600, filed 6/30/05, effective 7/31/05. Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.056, 74.20A.310, 26.26.315, 26.26.320, 26.26.330, 26.26.335, 74.20A.055, 2002 c 302, and 2002 c 199. WSR 03-17-013, § 388-14A-3600, filed 8/12/03, effective 9/12/03. Statutory Authority: RCW 74.08.090, 34.05.220(1). WSR 01-24-082, § 388-14A-3600, filed 12/3/01, effective 1/3/02. Statutory Authority: RCW 74.08.090, 34.05.220(1), 74.20A.055, 74.20A.056. WSR 01-03-089, § 388-14A-3600, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-150 and 388-11-430.]
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