388-14A-2097  <<  388-14A-2099 >>   388-14A-2105

WAC 388-14A-2099

When does DCS file a satisfaction of judgment with the superior court?

(1) When the division of child support (DCS) determines that a support obligation, established by order of a superior court of this state, has been satisfied or is no longer legally enforceable, DCS sends a notice of its intent to file a satisfaction of judgment to the last known address of the payee under the order and to the noncustodial parent (NCP).
(2) DCS includes the following provisions in the notice:
(a) A statement of the facts DCS relied on in making the determination; and
(b) A statement that the payee has twenty days from the date of the notice, to:
(i) Object and request a conference board under WAC 388-14A-6400; or
(ii) Initiate an action to obtain a judgment from the court that entered the order.
(3) If the conference board or the court determines the support obligation or a support debt still exists, DCS withdraws the notice and makes reasonable efforts to enforce and collect the remaining support debt. If the conference board or court determines that a debt does not exist, DCS files a satisfaction of judgment with the clerk of superior court in which the order was entered.
(4) DCS determines that a support obligation is satisfied or is no longer legally enforceable when the obligation to pay current and future support terminates under the order, and:
(a) The NCP has made all payments owed under the support order;
(b) The support debt is no longer enforceable due to the operation of the statute of limitations;
(c) DCS determines the NCP has a valid defense to payment of the debt under Washington law; or
(d) Under RCW 74.20A.220, DCS determines the debt is uncollectible, grants a total or partial charge-off, or accepts an offer to compromise a disputed debt.
[Statutory Authority: RCW 74.08.090. WSR 01-03-089, ยง 388-14A-2099, filed 1/17/01, effective 2/17/01.]
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