Washington Administrative Code

(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…

WAC 388-14A-3317(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 de…

(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…

(1) When the division of child support (DCS) calculates and applies the self-support reserve, DCS:(a) Uses the amount shown for a one-person family in the federal poverty guideline for the current year; and(b) Multiplies that amount by 180%.(2) The self-support reserve does not v…

(1) A person with a right to a hearing under this chapter may file a request for a late hearing after the period for requesting a timely hearing has passed. The effective date of a hearing request is the date the division of child support (DCS) receives the request.(2) Filing a r…

(1) The division of child support (DCS) may enter a consent order or agreed settlement to finalize any dispute in which a party requests a hearing. DCS attempts to settle matters through agreement when possible.(a) An agreed settlement is signed only by the parties to the dispute…

(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 …