Are there special rules for a hearing on a notice seeking to enforce interest on a support order?
(1) When the division of child support serves a notice of support debt and demand for payment or a notice of support debt and registration under WAC
388-14A-7110(2) and the notice becomes the subject of a hearing, this section applies to a determination of interest.
(2) The calculation of the amount of interest which has been certified by a IV-D agency, a certified public accountant (CPA) or a foreign country's equivalent of a CPA must be accepted as evidence at a hearing on a notice of support debt and demand for payment or on a notice of support debt and registration.
(a) Such certified calculation is prima facie evidence of the amount of interest owed by the NCP.
(b) Any party challenging the certified calculation has the burden of proving that the amount of interest claimed is incorrect.
(3) A party challenging the certified calculation may challenge the calculation for one or more of the following reasons:
(a) The amount of principal is incorrect because credit was not given for payments made;
(b) The amount of principal is incorrect because credit was given for payments which were not actually made; or
(c) The interest calculation was not properly done according to the law of the state, tribe or country issuing the order.
(4) If the administrative law judge (ALJ) finds that the party challenging the interest calculation has shown that the amount of principal is incorrect, the ALJ:
(a) Enters an order stating the correct amount of principal;
(b) Orders the party which submitted the original interest calculation to:
(i) Recalculate or have recalculated the interest based on the new principal amount; and
(ii) Submit the new certified calculation to the ALJ within a reasonable amount of time; and
(c) After receiving the new certified calculation, enters an order determining the amount of debt, including interest, for the period claimed in the notice.
(5) If the ALJ orders a new certified calculation, DCS may enforce any amounts of principal the ALJ found to be due and owing under the support order while the administrative order under subsection (4)(c) of this section is pending.
(6) A claim that the interest calculation was not properly done must be supported by an interest calculation which is certified by a IV-D agency, a CPA or the foreign equivalent. The ALJ then determines which calculation is best supported by the evidence.
(7) The division of child support does not perform certified interest calculations for use in a hearing under this section.
[Statutory Authority: RCW
26.23.120,
34.05.350 (1)(b),
43.20A.550,
74.04.055,
74.08.090,
74.20.040(9),
74.20A.310 and 45 C.F.R. Parts 301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. WSR 13-01-075, § 388-14A-7115, filed 12/18/12, effective 1/18/13. 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-7115, filed 11/2/11, effective 12/3/11. Statutory Authority: RCW
26.21.016. WSR 05-07-059, § 388-14A-7115, filed 3/11/05, effective 4/11/05.]
