388-14A-5200  <<  388-14A-5300 >>   388-14A-5400

WAC 388-14A-5300

How does the division of child support recover a support payment which has already been distributed?

(1) The division of child support (DCS) may serve a notice to recover a support payment on the person who received the payment when DCS:
(a) Distributed the money in error;
(b) Distributed the money based on a check that is later dishonored;
(c) Is required to refund or return the money to the person or entity that made the payment; or
(d) Distributed money under a support order that was later modified so as to create an overpayment.
(2) DCS serves a notice to recover a support payment like a summons in a civil action or by certified mail, return receipt requested.
(3) In the notice, DCS must identify the support payment DCS seeks to recover.
(4) DCS may take action to enforce the notice to recover a support payment without further notice once the notice becomes final.
(a) A notice to recover a support payment becomes final unless the person who received the payment requests a hearing under subsection (5) of this section within twenty days of service of the notice to recover a support payment in Washington. The effective date of a hearing request is the date DCS receives the request.
(b) A notice to recover a support payment may be served in another state to recover a payment disbursed by DCS under RCW 26.21A.290. A notice to recover a support payment served in another state becomes final according to WAC 388-14A-7200.
(5) A hearing on a notice to recover a support payment is for the limited purpose of resolving the existence and amount of the debt DCS is entitled to recover.
(6) A person who files a late request for a hearing on a notice to recover a support payment must show good cause for being late.
(7) In nonassistance cases and payment services only cases, DCS may recover a support payment under a final administrative order on a notice to recover a support payment by retaining ten percent of current support and one hundred percent of amounts collected on arrears in addition to any other remedy authorized by law.
(8) If a public assistance recipient receives a support payment directly from a noncustodial parent (NCP) and fails to remit it to DCS as required, DCS recovers the money as retained support under WAC 388-14A-5500.
(9) DCS may enforce the notice to recover a support payment as provided in subsection (7), or may act according to RCW 74.20A.270 as deemed appropriate.
[Statutory Authority: RCW 34.05.220(2), 43.20A.550, 74.04.055, 74.08.090, 74.20.040, 74.20A.310. WSR 07-08-055, § 388-14A-5300, filed 3/29/07, effective 4/29/07. Statutory Authority: RCW 74.08.090, 26.23.035, 74.20A.057, 74.20A.310. WSR 01-03-089, § 388-14A-5300, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-272.]
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