388-14A-7325  <<  388-14A-7335 >>   388-14A-7345

WAC 388-14A-7335

What happens if someone objects to a notice of support debt and registration which contains a determination of the presumed controlling order?

(1) If any party, IV-D agency or jurisdiction objects to the determination of presumed controlling order issued under WAC 388-14A-7325, that objection must be in writing and signed under penalty of perjury. The division of child support (DCS) provides an objection form with the notice of support debt and registration.
(2) An objection to the determination of presumed controlling order must contain:
(a) The reason the party, IV-D agency or jurisdiction objects. Examples of reasons to object include, but are not limited to:
(i) There is another order that was not considered in making the determination;
(ii) The alleged controlling order has been vacated, suspended or modified by a later order, which is attached to the objection;
(iii) The issuing tribunal lacked personal jurisdiction over the nonpetitioning party;
(iv) The order was obtained by fraud; or
(v) Any other legal defense available under chapter 26.21A RCW.
(b) A copy of the order which the party, IV-D agency or jurisdiction believes should be the controlling order, if that order was not included with the notice.
(c) A statement of facts in support of the objection.
(3) When DCS receives an objection to the proposed determination of controlling order, DCS refers the objection to the prosecuting attorney or attorney general to bring an action for determination of controlling order under RCW 26.21A.130 in the superior court.
[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-7335, filed 11/2/11, effective 12/3/11. 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-7335, filed 3/29/07, effective 4/29/07.]
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