Washington Administrative Code

(1) If at a hearing under WAC 388-14A-4303, the administrative law judge (ALJ) decides that the custodial parent (CP) has not incurred costs in the amount paid by the noncustodial parent (NCP), any ordered overpayment reimbursement may be applied as an offset to any nonassistance…

WAC 388-14A-4500(1) RCW 74.20A.320 through 74.20A.326 provide that, in some circumstances, the division of child support (DCS) may certify for license suspension a noncustodial parent (NCP) who is not in compliance with a child support order. These statutes call the NCP "the resp…

(1) Before certifying a noncustodial parent (NCP) for noncompliance, the division of child support (DCS) must serve the NCP with a notice of noncompliance and intent to suspend licenses. This notice tells the NCP that DCS intends to submit the NCP's name to the department of lice…

(1) The division of child support (DCS) may serve a notice of noncompliance on a noncustodial parent (NCP) who is not in compliance with a child support order.(a) DCS may serve a notice of noncompliance on an NCP who meets the criteria of this section, even if the NCP is in jail …

The division of child support (DCS) may certify a noncustodial parent (NCP) as being in noncompliance with a support order and may request the department of licensing (DOL) or any other licensing entity to suspend the NCP's license if:(1) The NCP has failed to make a timely objec…

WAC 388-14A-4515(1) After service of the notice of noncompliance, the division of child support (DCS) stays (delays) certification action if the noncustodial parent (NCP) takes one of the following actions within 20 days of service, or within 60 days of service if the notice was …

(1) If a noncustodial parent (NCP) signs a payment agreement, the division of child support (DCS) stays the certification action. (2) The signing of a payment agreement does not require DCS to withdraw the notice of noncompliance.(3) By signing a payment agreement, the NCP waives…

WAC 388-14A-4525(1) After the division of child support (DCS) has certified a noncustodial parent (NCP) to a licensing entity for noncompliance, the NCP may obtain a release from DCS if one of the following occurs:(a) NCP pays the support debt in full, in which case DCS withdraws…

(1) After service of a notice of noncompliance and intent to suspend licenses under WAC 388-14A-4505, the noncustodial parent (NCP) may request an administrative hearing, also known as an adjudicative proceeding, under chapter 34.05 RCW.(a) Any objection to the notice of noncompl…

WAC 388-14A-4530(1) An administrative hearing on a notice of noncompliance under WAC 388-14A-4505 is limited to the following issues:(a) Whether the person named in the child support order is the noncustodial parent (NCP);(b) Whether the NCP is required to pay child support under…

(1) The noncustodial parent (NCP) may file a late request for hearing if the division of child support (DCS) has certified the noncustodial parent (NCP) because of the NCP's failure to object to the notice of noncompliance as provided in WAC 388-14A-4512(1), even if the departmen…

(1) A noncustodial parent (NCP) may request a conference board under WAC 388-14A-6400 to resolve any complaints and problems concerning a division of child support (DCS) case.(2) If the NCP and DCS are not successful in negotiating a payment agreement to avoid license suspension …

(1) Under chapter 26.23 RCW, employers must report lump sum payments over $500 for employees subject to an income withholding for unpaid child support debt.(2) The employer provides notice of the lump sum payment by reporting to:(a) The electronic employer services portal provide…

(1) As a general rule, if support is owed for any day of a given month, the entire monthly support obligation is owed for that month.(2) Either party to a support order may request that the division of child support (DCS) prorate the monthly obligation under a child support order…

The division of child support (DCS) may prorate a monthly support obligation under the following circumstances:(1) An order is entered terminating the noncustodial parent's (NCP's) support obligation and the order specifies that the NCP's obligation should be prorated;(2) A super…

(1) Unless a case fits the criteria outlined in WAC 388-14A-4705, the division of child support (DCS) does not prorate a monthly support obligation.(2) When a support order provides that the noncustodial parent's support obligation for a particular child terminates as of the chil…

(1) If the noncustodial parent (NCP) or custodial parent (CP) asks the division of child support (DCS) to prorate support, DCS advises the parties of its decision whether to prorate or not to prorate support for a given month.(2) If the NCP or the CP disagrees with DCS' decision,…

(1) RCW 26.23.050 (5)(d) provides that every child support order must state the monthly child support obligation as a sum certain amount, but does not require that the support obligation be stated in a "per month per child" amount when more than one child is covered by the order.…

(1) When a child support order does not contain a per month per child amount, the division of child support (DCS) reviews the support order and other documents filed with the order in order to determine the amount of support due for each child. "Other documents" may include but a…

(1) If the noncustodial parent (NCP) or custodial parent (CP) claim that the NCP's support obligation for one or more, but not all, of the children covered by an undifferentiated support order is terminated for any reason, either party may ask the division of child support (DCS) …

(1) If two or more children covered by the same child support order change residences so that more than one custodial parent (CP) is eligible to receive child support paid by the noncustodial parent (NCP):(a) As long as the NCP's support obligation for all of the children has not…

(1) Insurers must report certain insurance claims to the division of child support (DCS). Within 10 days after opening a tort liability claim for bodily injury or wrongful death, a workers' compensation claim, or a claim under a policy of life insurance, including an annuity, the…

(1) Distribution of child support collections refers to how the division of child support (DCS) applies or allocates collections within a child support case or between child support cases.(2) Disbursement of child support collections refers to DCS sending out or paying support co…

(1) When distributing support collections, the division of child support (DCS) records collections in exact amounts of dollars and cents.(2) DCS distributes support collections within two days of the date DCS receives the collection, unless DCS is unable to distribute the collect…

(1) A nonassistance case is one where the family has never received a cash public assistance grant.(2) Subject to the exceptions provided under WAC 388-14A-5005, the division of child support (DCS) applies support collections within each Title IV-D nonassistance case:(a) First, t…

(1) An assistance case is one where the family is currently receiving a TANF grant.(2) Subject to the exceptions provided under WAC 388-14A-5005, the division of child support (DCS) distributes support collections within each Title IV-D assistance case:(a) First, to satisfy the c…

(1) A former assistance case is one where the family is not currently receiving a TANF grant, but has at some time in the past.(2) Subject to the exceptions provided under WAC 388-14A-5005, the division of child support (DCS) distributes support collections within each Title IV-D…

WAC 388-14A-5005The division of child support (DCS) distributes federal tax refund offset collections in accordance with 42 U.S.C. Sec. 657 and 42 U.S.C. Sec. 654(34), as follows:(1) DCS distributes federal tax refund offset collections to arrears only, and not to current support…

Subject to the exceptions provided under WAC 388-14A-5005, the division of child support (DCS) distributes support collections in the following manner when the noncustodial parent (NCP) has more than one Title IV-D case:(1) First, to the current support obligation on each Title I…

(1) The division of child support (DCS) applies amounts to a support debt owed for one family or household and distributes the amounts accordingly, rather than make a proportionate distribution between support debts owed to different families, when:(a) Proportionate distribution …

(1) If the division of child support (DCS) receives or collects support money representing payment on the required support obligation for future months, DCS must:(a) Apply the support money to future months only if the support debt is paid in full;(b) Distribute the support money…

(1) When an employer or other entity overcollects support from a noncustodial parent (NCP) based on a withholding order issued by the division of child support (DCS), DCS evaluates what to do with the overpayment on a case by case basis.(2) Depending on the facts of the case and …

(1) The division of child support (DCS) collects child support through the interception of federal tax refunds. This section deals with the issues that arise when the Secretary of the Treasury intercepts a tax refund based on a joint tax return filed by a noncustodial parent (NCP…

(1) Between October 1, 2008 and April 30, 2011 and beginning again on February 1, 2021, the division of child support (DCS) passes through a portion of child support collections to a family receiving TANF.(2) A pass-through payment is the portion of a support collection applied t…

(1) The division of child support (DCS) may distribute support money to a custodial parent (CP) who is not the payee under the support order if the CP signs a sworn statement that:(a) The CP has physical custody of and is caring for the child; and(b) The CP is not wrongfully depr…

WAC 388-14A-5100(1) The division of child support (DCS) mails a distribution and disbursement statement once each month to the last known address of a person for whom it received a support collection during the month, except as provided under subsection (6) of this section.(2) DC…

(1) The division of child support (DCS) identifies cases needing a "total versus total" calculation, which compares amounts of public assistance paid to the family with amounts of support collected and uncollected support debt. DCS performs a total versus total calculation upon t…

(1) The division of child support (DCS) may serve a notice to recover a support payment on the person who received the payment when DCS:(a) Distributed the money in error;(b) Distributed the money based on a check that is later dishonored;(c) Is required to refund or return the m…

(1) The division of child support (DCS) mails a debt adjustment notice to the payee under a child support order within thirty days of the date DCS reduces the amount of the support debt it intends to collect if that reduction was due to:(a) A mathematical error in the debt calcul…

WAC 388-14A-5500(1) Under RCW 74.20.320 and 74.20A.270, a custodian of children or other person who receives support money paid, in whole or in part, toward a support obligation under RCW 74.20.320, 74.20.330, or 74.20A.030 must remit that money to the division of child support (…

The division of child support (DCS) serves a notice of retained support setting forth:(1) The amount of support money claimed by the department as property of the department by assignment, subrogation or by operation of law or legal process under chapter 74.20A RCW;(2) The legal …

The division of child support (DCS) serves the notice of retained support on the person, firm, corporation, association, or political subdivision or any officer or agent thereof in the manner prescribed for the service of a summons in a civil action, or by certified mail, return …

(1) After service of a notice of retained support under WAC 388-14A-5510, if the person, firm, corporation, association, or political subdivision or any officer or agent thereof fails to answer in a timely manner, the claim of the department is final and subject to collection act…

(1) Any debtor who objects to all or any part of a notice of retained support may, within twenty days from the date of service of the notice, file an application for an administrative hearing. An objection under this section is the same thing as a general denial of liability to t…

(1) An administrative hearing on a notice of retained support is limited to the determination of the ownership of the amounts claimed in the notice or the reasonableness of a repayment agreement offered to a public assistance recipient for recovering child support under RCW 74.20…

(1) Within one year from the date the division of child support (DCS) serves a notice of retained support, the person, firm, corporation, association, political subdivision or any officer or agent thereof may petition DCS for a hearing, upon a showing of any of the grounds listed…

The division of child support (DCS) may take action under chapter 74.20A RCW to collect debts determined under WAC 388-14A-5505.[Statutory Authority: RCW 74.08.090. WSR 01-03-089, § 388-14A-5535, filed 1/17/01, effective 2/17/01. Formerly WAC 388-13-085.]