Chapter 388-14A Division of child support rules.

(1) The division of child support (DCS) does not follow the notice and hearing process of WAC 388-14A-2114 and 388-14A-2140 if:(a) Disclosure is denied under WAC 388-14A-2135;(b) The CP has provided a written release as provided in WAC 388-14A-2115;(c) The NCP has not filed a wri…

When a party objects to a notice mailed under WAC 388-14A-2114, the division of child support may:(1) Deny disclosure if the objection provides information based on which DCS would have denied disclosure under WAC 388-14A-2135; or(2) Request that the office of administrative hear…

(1) The division of child support (DCS) denies a request for address information without going through the notice process under WAC 388-14A-2114 if: (a) The department has determined, under WAC 388-422-0020, that the custodial parent (CP) has good cause for refusing to cooperate;…

In any administrative hearing requested under WAC 388-14A-2114 (1)(b)(ii):(1) The parent requesting address disclosure and the other party to the order or action are independent parties in the hearing.(2) The office of administrative hearings (OAH) sets the hearing as a phone hea…

(1) WAC 388-01-080 authorizes the division of child support (DCS) to charge copying and postage costs for responses to public disclosure.(2) DCS charges fifteen cents per page for copies.(3) DCS may waive copy fees in appropriate circumstances.[Statutory Authority: RCW 74.08.090,…

(1) If the division of child support (DCS) denies a request for public disclosure, you may file an appeal with DCS Public Disclosure Appeals, P.O. Box 9162, Olympia WA 98507-9162.(2) If DCS denies your appeal, you may pursue the other options listed in WAC 388-01-130.[Statutory A…

(1) Under 42 U.S.C. §666 (a)(7), the division of child support (DCS) may report to consumer reporting agencies the name and identifying information of any noncustodial parent (NCP) who is delinquent in support and the amount of overdue support owed by that parent. Consumer report…

(1) Under RCW 74.20.040, the division of child support (DCS) must impose an annual fee of thirty-five dollars for each case in which:(a) The custodial parent (CP) has never received TANF, Tribal TANF or AFDC as the custodian of minor children; and(b) DCS has collected and disburs…

(1) WAC 388-14A-2200 describes the cases that qualify for the thirty-five dollar annual fee.(2) A custodial parent (CP) seeking to be excused from payment of the fee may provide proof that he or she is exempt from the fee because he or she received TANF, Tribal TANF or AFDC from …

(1) The United States Postal Service has made temporary changes to its certified mail signature gathering procedures to limit direct contact with recipients. As long as these special signature gathering procedures remain in effect, the division of child support (DCS) will conside…

(1) When there is no order setting the amount of child support a noncustodial parent (NCP) should pay, the division of child support (DCS) serves a support establishment notice on the NCP and the custodial parent (CP). A support establishment notice is an administrative notice th…

(1) When the parents of a child are not married, they may sign an acknowledgment of parentage, which may also be called an affidavit of paternity or paternity acknowledgment. The legal effect of the acknowledgment or affidavit depends on when it is filed, in what state it is file…

The division of child support (DCS) serves a notice and finding of financial responsibility (NFFR) in the following manner:(1) On the noncustodial parent:(a) By certified mail, return receipt requested; or(b) By personal service.(2) On the custodial parent:(a) By first class mail…

(1) The notice and finding of financial responsibility (NFFR) becomes a final, enforceable order if neither the custodial parent (CP) nor the noncustodial parent (NCP) objects and requests a timely hearing on the notice. An objection is also called a hearing request.(2) If a time…

(1) A notice and finding of financial responsibility (NFFR) is an administrative notice served by the division of child support (DCS) that can become an enforceable order for support, pursuant to RCW 74.20A.055.(2) DCS may serve a NFFR when the noncustodial parent (NCP) is a lega…

(1) A notice and finding of parental responsibility (NFPR) was an administrative notice served by the division of child support (DCS) prior to January 1, 2019, pursuant to RCW 74.20A.056.(2) The NFPR differs from a notice and finding of financial responsibility (NFFR) (see WAC 38…

(1) When a custodial parent (CP) has requested medical support enforcement services only and has asked in writing that the department not collect monetary child support, the division of child support (DCS) serves a notice and finding of financial responsibility (NFFR) under RCW 7…

(1) The division of child support (DCS) may ask to add a monthly financial support obligation to an administrative child support order for medical support only, if:(a) The custodial parent who previously requested medical support only services, files an application for full suppo…

(1) A timely request for hearing is an objection made within the time limits of WAC 388-14A-3110. For late (or untimely) hearing requests, see WAC 388-14A-3135.(2) If either party makes a timely request for hearing, the division of child support (DCS) submits the hearing request …

(1) If neither parent appears at the scheduled hearing after being sent a notice of hearing, the administrative law judge (ALJ) enters an order on default, declaring the support establishment notice's claim for support to be final and subject to collection action. See WAC 388-14A…

(1) If one parent appears at the hearing, but the other parent fails to appear after being sent a notice of hearing, the administrative law judge (ALJ) enters an order of default against the parent that did not appear. The hearing proceeds as described in WAC 388-14A-3140. See WA…

If both parents appear at the hearing:(1) All parties may enter an agreed settlement or consent order. WAC 388-14A-3600 describes when an agreed settlement or consent order is a final order.(2) All parties may proceed to hearing, after which the ALJ issues an order. The ALJ may e…

(1) For orders established before August 30, 1997, if the noncustodial parent did not timely object to the notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR), only the…

(1) When a party requests a hearing on a notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR), the hearing is limited to:(a) Resolving the current and future support obl…

(1) The division of child support (DCS) determines support obligations using the Washington state child support schedule (the WSCSS), chapter 26.19 RCW, for the establishment and modification of support orders.(2) When calculating child support obligations, DCS must use the WSCSS…

(1) The division of child support (DCS) calculates a parent's income using the best available information. If a parent is voluntarily unemployed or underemployed, either DCS or the administrative law judge (ALJ), or both may impute income to that parent. Voluntary underemployment…

(1) The division of child support (DCS) may orally amend a notice issued under this chapter at the hearing to conform to the evidence. When DCS amends a notice at the hearing:(a) The administrative law judge (ALJ) may grant a continuance when necessary to give the parties additio…

(1) If a support order requires the noncustodial parent (NCP) to pay support to anywhere other than the Washington state support registry (WSSR), the division of child support (DCS) may serve a notice on the NCP telling the NCP to make all future payments to the WSSR.(2) DCS dete…

(1) When the division of child support (DCS) serves a notice under WAC 388-14A-3300 to advise a noncustodial parent (NCP) that DCS is enforcing a support order, DCS may serve a notice of support debt, a notice of support debt and registration, a notice of support owed, or any oth…

(1) The division of child support (DCS) may serve a notice of support debt and demand for payment on a noncustodial parent (NCP) under RCW 74.20A.040 to provide notice that DCS is enforcing a support order entered in Washington state, a foreign court order or a foreign administra…

Once the division of child support has served a notice of support debt and demand for payment, either party may disagree with the notice.(1) If either party objects to the enforcement of a non-Washington support order, that party may request that DCS register that order under cha…

(1) After service of a notice of support debt and demand for payment as provided in WAC 388-14A-3304, the final administrative order determines the support debt as of the date of the order, and:(a) The debt determination is not a final determination under the Uniform Interstate F…

When more than one current child support order exists for the same obligor and children, the division of child support (DCS) may proceed as follows:(1) When not acting as a responding jurisdiction, DCS decides whether or not a determination of controlling order is necessary, and …

(1) The division of child support (DCS) may serve a notice of support owed under RCW 26.23.110 on either the noncustodial parent (NCP) or the custodial parent (CP) whenever it is necessary to establish a fixed dollar amount owed under a child support order that was entered in Was…

(1) The division of child support (DCS) serves a notice of support owed under RCW 26.23.110, WAC 388-14A-3310 and this section on the noncustodial parent (NCP) to determine the fixed dollar amount of the support debt, the fixed dollar amount of the current and future support obli…

(1) Depending on the specific requirements of the child support order, and only if the case meets the criteria set out in WAC 388-14A-4100, the division of child support (DCS) may serve a notice of support owed under RCW 26.23.110, WAC 388-14A-3310 and this section:(a) On either …

(1) When the division of child support (DCS) needs to notify the parties that DCS is enforcing a previously entered support order, DCS serves the appropriate notice under WAC 388-14A-3302. DCS may serve a notice of support owed on either the noncustodial parent (NCP) or the custo…

(1) The division of child support (DCS) may serve a notice of support owed on either the noncustodial parent (NCP) or the custodial parent (CP), as described in WAC 388-14A-3310, 388-14A-3311, and 388-14A-3312. (2) The notice of support owed becomes a final administrative order s…

(1) A party who has been served with a notice of support owed may make a timely or untimely objection to the notice.(a) A timely request for hearing on a notice of support owed is an objection made within the time limits of WAC 388-14A-3316.(b) WAC 388-14A-3318 describes what hap…

(1) A party who has been served with a notice of support owed may make a timely or untimely objection to the notice.(a) WAC 388-14A-3117 describes what happens when the party files a timely objection.(b) An objection which is not made within the time limits of WAC 388-14A-3116 is…

(1) This section provides general information regarding hearings on a notice of support owed.(2) Either the noncustodial parent (NCP) or the custodial parent (CP) may request a hearing on a notice of support owed.(3) The division of child support (DCS) serves two basic types of n…

(1) If the custodial parent (CP) requests a hearing on a notice of support debt and demand for payment (also called the "notice of support debt"), the hearing is for the limited purpose of determining the support debt under the order through the date of the hearing.(2) The office…

(1) A hearing on a notice of support owed served under WAC 388-14A-3311 is subject to WAC 388-14A-3320 and this section.(2) A hearing on a notice of support owed served under WAC 388-14A-3311 is only for the purpose of determining the amounts owed by the noncustodial parent (NCP)…

(1) A hearing on a notice of support owed for medical support served under WAC 388-14A-3312 is subject to WAC 388-14A-3320 and this section. See WAC 388-14A-3323 for the rules concerning a hearing on a notice of support owed under WAC 388-14A-3311.(2) A hearing on a notice of sup…

(1) RCW 26.23.110 provides for an annual review of the support order which was previously the subject of a notice of support owed under that statute if the division of child support (DCS), the noncustodial parent (NCP), or the custodial parent (CP) requests a review.(a) Either th…

(1) RCW 26.23.110 provides for an accelerated review of the amounts established by a prior notice of support owed if the division of child support (DCS), the noncustodial parent (NCP), or the custodial parent (CP) requests a review.(a) Either the CP or the NCP may request an acce…

(1) When no public assistance is being paid to the custodial parent (CP) and the children, the division of child support (DCS) starts the claim for support as of the date:(a) DCS receives the application for nonassistance services if the CP applies directly to DCS for services; o…

(1) A noncustodial parent (NCP) who objects to a notice and finding of financial, parental, or medical responsibility has the burden of establishing defenses to liability. Defenses include, but are not limited to:(a) Proof of payment;(b) The existence of a superior court order, t…

(1) After the noncustodial parent (NCP) has been advised of the requirement to make payments to the Washington state support registry (WSSR) by service of a support establishment notice, or by entry of a support order requiring payments to WSSR, the NCP may obtain credit against …

(1) The Washington State child support schedule (WSCSS) provides two limitations based on income, the 45% limitation and the self-support reserve. The division of child support (DCS) applies these limitations when we calculate your child support obligation. These limitations do n…