(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 administrative order for support.
(a) A "foreign" order is one entered in a jurisdiction other than a Washington state court or administrative forum.
(b) DCS uses the notice of support debt and demand for payment when there is only one current child support order for the NCP and the child or children in the case.
(c) When there are multiple current support orders for the same obligor and child or children, DCS determines which order to enforce as provided under WAC
388-14A-3307.
(2) DCS serves a notice of support debt and demand for payment like a summons in a civil action or by certified mail, return receipt requested.
(3) In a notice of support debt and demand for payment, DCS includes the information required by RCW
74.20A.040, the amount of current and future support, accrued support debt, interest (if interest is being assessed under WAC
388-14A-7110), any health insurance coverage obligation, and any day care or child care costs under the court or administrative order.
(4) After service of a notice of support debt and demand for payment, the NCP must make all support payments to the Washington state support registry. DCS does not credit payments made to any other party after service of a notice of support debt and demand for payment except as provided in WAC
388-14A-3375.
(5) A notice of support debt and demand for payment becomes final and subject to immediate wage withholding and enforcement without further notice under chapters
26.18, 26.23, and
74.20A RCW, subject to the terms of the order, unless, within twenty days of service of the notice in Washington, or within sixty days of service of the notice outside of Washington, the NCP:
(a) Files a request with DCS for a conference board under WAC
388-14A-6400. The effective date of a conference board request is the date DCS receives the request;
(b) Obtains a stay from the superior court; or
(c) Objects to either the validity of the foreign support order or the administrative enforcement of the foreign support order, in which case DCS proceeds with registration of the foreign support order under WAC
388-14A-7100.
(6) RCW
26.21A.515 controls the calculation of the debt on a notice of support debt and demand for payment.
(7) Enforcement of the following are not stayed by a request for a conference board or hearing under this section or WAC
388-14A-6400:
(a) Current and future support stated in the order; and
(b) Any portion of the support debt that the NCP and custodial parent (CP) fail to claim is not owed.
(8) At the same time that DCS sends the notice of support debt and demand for payment for service on the NCP, DCS notifies either the CP or the payee under the order, or both if appropriate, by mailing a form called the notice to payee, which is described in WAC
388-14A-3315.
(a) DCS does not wait to confirm service of the notice of support debt and demand for payment before mailing out the notice to payee;
(b) DCS mails to the last known address of the CP or the payee under the order, as appropriate;
(c) The notice to payee contains:
(i) A copy of the notice of support debt and demand for payment; and
(ii) A statement that:
(A) The payee has the right to contest the notice of support debt; and
(B) A CP who is not the payee under the order has the same rights to contest the notice of support debt and demand for payment.
(9) If the NCP requests a conference board under subsection (5)(a) of this section, DCS mails a copy of the notice of conference board to the CP informing the CP of the CP's right to:
(a) Participate in the conference board; or
(b) Request a hearing under WAC
388-14A-3321 within twenty days of the date of a notice of conference board that was mailed to a Washington address. If the notice of conference board was mailed to an out-of-state address, the CP may request a hearing within sixty days of the date of the notice of conference board. The effective date of a hearing request is the date DCS receives the request.
(10) If the CP requests a hearing under subsection (8)(c) of this section, DCS must:
(a) Stay enforcement of the notice of support debt and demand for payment except as required under subsection (7) of this section; and
(b) Notify the NCP of the hearing.
(11) If a CP requests a late hearing under subsection (8)(c) of this section, the CP must show good cause for filing the late request.
(12) The NCP is limited to a conference board to contest the notice and may not request a hearing on a notice of support debt and demand for payment. However, if the CP requests a hearing, the NCP may participate in the hearing.
(13) A notice of support debt and demand for payment must fully and fairly inform the NCP of the rights and responsibilities in this section.
[Statutory Authority: RCW
26.09.105,
26.18.170,
26.23.110,
34.05.220,
74.04.055,
74.08.090,
74.20.040, and
74.20A.310. WSR 20-03-024, § 388-14A-3304, filed 1/6/20, effective 4/1/20. Statutory Authority: RCW
26.23.120,
43.20A.550,
74.04.055,
74.08.090,
74.20.040(9),
74.20A.310, and 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2. WSR 11-22-116, § 388-14A-3304, filed 11/2/11, effective 12/3/11. Statutory Authority: RCW
34.05.220(2),
43.20A.550,
74.04.055,
74.08.090,
74.20.040,
74.20A.310. WSR 07-08-055, § 388-14A-3304, filed 3/29/07, effective 4/29/07. Statutory Authority: RCW
26.21.016,
74.08.090,
26.23.035,
34.05.220(1),
74.20A.310,
26.23.110, and
74.20A.040. WSR 05-07-059, § 388-14A-3304, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW
74.08.090,
26.23.035,
34.05.220(1),
74.20A.310. WSR 01-03-089, § 388-14A-3304, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-435.]
