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WAC 388-14A-5050

When does DCS send a notice of intent to distribute support money?

(1) The division of child support (DCS) may distribute support money to a custodial parent (CP) who is not the payee under the support order if the CP signs a sworn statement that:
(a) The CP has physical custody of and is caring for the child; and
(b) The CP is not wrongfully depriving the payee of physical custody.
(2) Before DCS begins distributing support money to a CP who is not the payee under the support order, DCS sends the payee under the support order and the noncustodial parent (NCP) a notice of intent to distribute support money and a copy of the sworn statement of the CP to their last known addresses by first class mail. The notice states:
(a) DCS intends to distribute support money collected under the support order to the CP; and
(b) The name of the CP.
(3) DCS distributes support money to the CP when the notice of intent to distribute support money becomes final.
(a) A notice of intent to distribute support money served in the state of Washington becomes final unless the payee under the support order, within twenty days of the date of mailing of the notice, files a request with DCS for a hearing under subsection (4) of this section. The effective date of a hearing request is the date DCS receives the request.
(b) A notice of intent to distribute support money served in another state becomes final according to WAC 388-14A-7200.
(4) A hearing on a notice of intent to distribute support money is for the limited purpose of resolving who is entitled to receive the support money.
(5) A copy of the notice of any hearing scheduled under this section must be mailed to the alleged CP at the CP's last known address. The notice advises the CP of the right to participate in the proceeding as a witness or observer.
(6) The payee under the support order may file a late hearing request on a notice of intent to distribute support money.
(a) The payee under the support order does not need to show good cause for filing a late hearing request.
(b) DCS may not reimburse the payee under the support order for amounts DCS sent to the CP before the administrative order on a late hearing request becomes final.
(7) The payee under the support order must give DCS and the CP notice of any judicial proceeding to contest a notice of intent to distribute support money.
(8) If the support order is a court order, DCS files a copy of the notice of intent to distribute support money or the final administrative order entered on a notice of intent to distribute support money with the clerk of the court where the support order was entered.
[Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. WSR 01-03-089, ยง 388-14A-5050, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-270 and 388-14-271.]
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