Chapter 388-14A Division of child support rules.

(1) If a party fails to appear at a hearing, the administrative law judge (ALJ) must, upon a showing of valid service, enter an initial decision and default order or proceed in the absence of the defaulting party as provided in WAC 388-14A-3131, 388-14A-3132, or 388-14A-3140.(2) …

(1) A support order entered by a superior court may only be modified by a superior court or a court of comparable jurisdiction of an Indian tribe or another state or country. The Uniform Interstate Family Support Act (UIFSA, adopted in Washington as chapter 26.21A RCW) determines…

(1) A noncustodial parent's obligation to pay support under an administrative order continues until:(a) A superior or tribal court order supersedes the order, either as provided by RCW 74.20A.055(7) or by the Uniform Interstate Family Support Act (UIFSA);(b) The order is modified…

(1) There are two times when a temporary support order is appropriate in the course of an administrative hearing:(a) If in a hearing to establish a support obligation or to determine the amount due under an existing order, the administrative law judge (ALJ) postpones the hearing.…

(1) A party may make a request that a scheduled hearing be postponed either prior to the date of the hearing, or on the date of the hearing.(2) When the administrative law judge (ALJ) grants a continuance prior to the day of hearing, a party must request entry of a temporary supp…

(1) If the temporary order is requested because of the filing of a petition for review, a party must request the temporary order within ten days of:(a) The date that party files the petition for review; or(b) The date that party receives notice that another party has filed a peti…

(1) An administrative law judge (ALJ) who hears a request for a temporary support order must:(a) Issue a written order which either:(i) Determines the responsible parent's current and future support obligation beginning no later than the month following the hearing; or(ii) Denies…

(1) A temporary support order ends on the date an initial decision becomes a final order or on the date of a review decision, if any, whichever is later.(2) If the parties settle all issues in the case by signing an agreed settlement or consent order, the temporary support order …

(1) A temporary support order or the denial of a TSO is not an initial decision subject to review under WAC 388-02-0560. This means that no party has the right to file a petition for review of a temporary support order.(2) The terms of a temporary order are not binding on the adm…

(1) When the division of child support (DCS) is providing support enforcement services under Title IV-D of the Social Security Act, DCS must:(a) Review a superior court or administrative order for child support to determine whether DCS will petition to modify the child support pr…

(1) The division of child support (DCS) reviews child support orders under WAC 388-14A-3900 when DCS has enough locate information to obtain personal service on both parties to the order; and:(a) The department is paying public assistance or has determined that the children are e…

(1) The division of child support (DCS) must:(a) Notify recipients of support enforcement services, that the review and modification process is available; and(b) Send notice of a pending review by regular mail to the last known address of the parties to the order thirty days befo…

(1) The division of child support (DCS) petitions to modify a support order when DCS finds during the review that each of the following conditions are present:(a) The proposed change in child support based on the Washington state child support schedule:(i) Is at least fifteen per…

After reviewing a case under WAC 388-14A-3903, the division of child support (DCS) notifies the parties of:(1) The findings of the review by regular mail at the parties' last known address;(2) The parties' right to challenge the review findings; and(3) The appropriate forum and p…

(1) Except as provided under subsection (3) of this section, a party to the review process may contest DCS's review findings by requesting a modification conference within thirty days of the date of the notice of review findings.(2) The modification conference is conducted by:(a)…

The division of child support (DCS) does not review an order under this section when the community services office (CSO) has notified DCS that the custodial parent (CP) has claimed good cause under WAC 388-422-0020, unless the CP requests the review.[Statutory Authority: RCW 74.0…

(1) DCS applies the Washington state child support schedule when reviewing support orders under this section. All deviations available under chapter 26.19 RCW are available in the review and modification process under this section.(2) For the purpose of this section and WAC 388-1…

(1) The division of child support (DCS), the custodial parent (CP) or the noncustodial parent (NCP) may file a petition and request a hearing to prospectively modify an administrative order for child support. The request must be in writing and must state:(a) Any circumstances tha…

(1) If the child support order contains abatement language, the division of child support (DCS) administers the abatement under WAC 388-14A-3945.(2) If the child support order was entered in Washington state and does not contain abatement language, DCS refers the child support or…

(1) The division of child support (DCS), the custodial parent (CP), or the noncustodial parent (NCP) may file a petition and request a hearing under chapter 26.09 RCW for the limited purpose of adding abatement language to an administrative order for child support.(2) The petitio…

(1) The division of child support (DCS) abates a noncustodial parent's (NCP's) child support order under this chapter when it learns that the NCP is an incarcerated person and all of the following are true:(a) The NCP is incarcerated for or begins serving a sentence of at least s…

(1) Unless otherwise specified in a court or administrative order, the support order is automatically reinstated as follows:(a) Effective the first day of the fourth full month after the NCP is released from confinement, support is reinstated at fifty percent of the support amoun…

(1) If DCS reviews its records and determines the NCP has access to or possession of income or assets to pay child support while incarcerated, DCS sends a notice regarding non-abatement of child support, sometimes called the notice regarding non-abatement, to the NCP and a copy t…

(1) The noncustodial parent (NCP) or custodial parent (CP) may request a hearing on a notice regarding non-abatement of child support, sometimes called the notice regarding non-abatement.(2) The purpose of the hearing is for the administrative law judge (ALJ) to determine whether…

(1) The custodial parent (CP) has the burden of proof to demonstrate to the administrative law judge (ALJ) that the NCP has access to or possession of income or assets to pay child support while incarcerated.(2) Any party to the hearing may show good cause why the abatement shoul…

(1) The division of child support (DCS), the custodial parent (CP), or the noncustodial parent (NCP) may submit a request to terminate or reverse an abatement at any time during the period of abatement. The request must be in writing.(a) If DCS or the CP is the requesting party, …

(1) If the requesting party was required to submit supporting documents and did not do so, any other party may file a motion to dismiss. The requesting party may ask for a continuance to provide supporting documents.(2) If the hearing is dismissed because supporting documents wer…

(1) Chapters 26.18, 26.23, 74.20 and 74.20A RCW authorize the division of child support (DCS) to take actions enforcing and collecting support obligations.(2) DCS may take collection action against the noncustodial parent's income and assets to collect a support debt even if the …

(1) Once a noncustodial parent (NCP) fails to make payments when due, an administrative law judge may not stop collection action by DCS.(2) The NCP may contest collection action by:(a) Filing an action in superior court under RCW 74.20A.200 or other applicable statutes; or(b) Req…

WAC 388-14A-4020The division of child support (DCS) uses any remedies available under state and federal law to enforce support obligations. These include, but are not limited to:(1) Income withholding order under RCW 26.23.060;(2) Order to withhold and deliver under RCW 74.20A.08…

(1) The division of child support (DCS) uses a payroll deduction, order to withhold and deliver or wage assignment to collect support when the noncustodial parent (NCP) has a source of income.(2) When an NCP does not have an identifiable employer or source of income, DCS uses any…

WAC 388-14A-4040(1) An employer, or any other person, firm, corporation, or political subdivision, or any department of the state or federal government may agree with the division of child support (DCS) to accept electronic data transmission (EDT) as service of the following docu…

(1) If a child support order requires a parent to provide health care coverage for the children named in the order, the division of child support (DCS) attempts to enforce that requirement according to the terms of the order.(2) A parent required to provide medical support or hea…

(1) Once a support order is entered requiring medical support, the obligated parent must take the following actions within twenty days:(a) Provide health care coverage; and(b) Provide proof of coverage to the other parent and to the division of child support (DCS), such as:(i) Th…

The division of child support (DCS) may decline to enforce a medical support obligation using the remedies available under RCW 26.09.105, 26.18.170, and 26.23.110 if one or more of the following apply:(1) The medical support obligation is imposed by a child support order that was…

(1) A noncustodial parent (NCP) may file an application for full child support enforcement services and specifically request that the division of child support (DCS) enforce the medical support obligation of the custodial parent (CP). WAC 388-14A-4111 describes when DCS may accep…

(1) Some support orders reduce the noncustodial parent's transfer payment based on health insurance premiums paid by the noncustodial parent (NCP).(2) An NCP is entitled to the reduction for premiums paid only if the NCP submits proof of the cost of coverage which is actually bei…

The division of child support (DCS) must send a National Medical Support Notice (NMSN) to the employer of a noncustodial parent (NCP) within two business days of the date the NCP's information is entered into the state directory of new hires (SDNH).[Statutory Authority: RCW 74.20…

(1) The division of child support (DCS) uses a notice of enrollment called the National Medical Support Notice (NMSN) to enforce an obligated parent's obligation to provide health insurance coverage under chapter 26.18 RCW.(2) DCS sends the NMSN to the obligated parent's employer…

(1) The National Medical Support Notice (NMSN) is a federally mandated form which is used by child support enforcement agencies all over the United States, not just the division of child support (DCS).(2) Each NMSN form contains information advising the employer which child suppo…

The National Medical Support Notice (NMSN) and its cover letter advise the obligated parent's employer and the plan administrator that:(1) The obligated parent is required to provide health insurance coverage for the children named in the notice;(2) Information regarding the cust…

(1) If an employer fails to comply with the terms of a National Medical Support Notice (NMSN) sent by the division of child support (DCS), the employer may be liable for a fine of up to one thousand dollars under RCW 74.20A.350.(2) DCS may take action under RCW 74.20A.350 to impo…

(1) The National Medical Support Notice (NMSN) is a federally mandated form used by child support enforcement agencies to enforce an obligated parent's medical support obligation. The division of child support (DCS) uses the NMSN as provided in WAC 388-14A-4120.(2) DCS sends an N…

(1) Within twenty business days after the date on the National Medical Support Notice (NMSN), the employer must either send Part B to the plan administrator or send the employer response to the division of child support (DCS).(2) The employer need take no action beyond responding…

WAC 388-14A-4126An employer or plan administrator who receives a National Medical Support Notice (NMSN) from the division of child support (DCS) may do one or more of the following to get help with the form:(1) Visit the DCS website at https://dshs.wa.gov/esa/division-child-suppo…

(1) A plan administrator who receives a National Medical Support Notice (NMSN) must respond to the NMSN within forty business days after the date on the NMSN.(2) If the obligated parent and the children are to be enrolled in a health insurance plan, the plan administrator must:(a…

(1) If the obligated parent is enrolled in a health insurance plan through the employer but has not enrolled the children named in the National Medical Support Notice (NMSN), the plan administrator must follow the steps outlined in WAC 388-14A-4130(2) and:(a) Enroll the child(ren…