Purpose: Amendment of WAC 388-14A-3350 Are there any limits on how much back support the division of child support can seek to establish? Traditionally, the Division of Child Support (DCS) has started a claim for child support as of the date DCS received the nonassistance application for services. This approach works fine for a case where the custodial parent (CP) applies directly to DCS for child support services. However, DCS believes that this rule works a hardship on the CP where the CP applies to another child support agency (another state, country or Indian tribe), and the CP must wait for the other agency to refer the case to DCS for support establishment. DCS believes it is appropriate to start the nonassistance claim as of the date the CP applied for services, not as of the date DCS receives an application filed with another agency.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-3350.

     Statutory Authority for Adoption: RCW 74.08.090, 74.20A.055, and 74.20A.310.

      Adopted under notice filed as WSR 05-11-080 on May 17, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: June 27, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (a) DCS receives the application for nonassistance services if the CP applies directly to DCS for services; or

     (b) Another state or Indian tribe received the application for nonassistance services or the actual date the other state or tribe requests that child support start, whichever is later, if the other state or Indian tribe requests DCS to establish a support order.

     (2) This section does not limit in any way the right of the court to order payment for back support as provided in RCW 26.26.130 and 26.26.134 if the case requires paternity establishment.

     (((2))) (3) When another state or an Indian tribe is paying public assistance to the CP and children, DCS starts the claim for support as of the date specified by the other state or tribe.

     (((3))) (4) For the notice and finding of parental responsibility, WAC 388-14A-3120(9) limits the back support obligation.

     (((4))) (5) When the state of Washington is paying public assistance to the CP and/or the children, the following rules apply:

     (a) For support obligations owed for months on or after September 1, 1979, DCS must exercise reasonable efforts to locate the noncustodial parent (NCP);

     (b) DCS serves a notice and finding of financial or parental responsibility within sixty days of the date the state assumes responsibility for the support of a dependent child on whose behalf support is sought;

     (c) If DCS does not serve the notice within sixty days, DCS loses the right to reimbursement of public assistance payments made after the sixtieth day and before the notice is served;

     (d) DCS does not lose the right to reimbursement of public assistance payments for any period of time:

     (i) During which DCS exercised reasonable efforts to locate the NCP; or

     (ii) For sixty days after the date on which DCS received an acknowledgment of paternity for the child for whom the state has assumed responsibility, and paternity has not been established.

     (((5))) (6) The limitation in subsection (((4))) (5) does not apply to:

     (a) Cases in which the physical custodian is claiming good cause for not cooperating with the department; and

     (b) Cases where parentage is an issue and:

     (i) Has not been established by superior court order; or

     (ii) Is not the subject of a presumption under RCW 26.26.320.

     (((6))) (7) DCS considers a prorated share of each monthly public assistance payment as paid on each day of the month.

[Statutory Authority: RCW 74.08.090, 34.05.310 (4)(d) and 74.20A.055. 03-20-072, § 388-14A-3350, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 74.08.090, 74.20A.055. 01-03-089, § 388-14A-3350, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-045.]

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