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WAC 388-14A-5009

What happens when an employer or other entity overcollects support from the noncustodial parent based on a DCS withholding order?

(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 the wishes of the NCP, DCS may take one of the following actions:
(a) Refund the excess money to the NCP upon request;
(b) Hold the excess money in suspense to be applied to the next month's support obligation; or
(c) Any other action which comports with the requirements of this chapter and the federal regulations concerning distribution of support payments.
[Statutory Authority: RCW 26.23.035, 74.08.090, 74.20A.310, and 45 C.F.R. 303.72 (h)(5). WSR 05-06-014, ยง 388-14A-5009, filed 2/22/05, effective 3/25/05.]
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