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PDFWAC 388-14A-3100

How does the division of child support establish a child support obligation when there is no child support order?

(1) When there is no order setting the amount of child support a noncustodial parent (NCP) should pay, the division of child support (DCS) serves a support establishment notice on the NCP and the custodial parent (CP). A support establishment notice is an administrative notice that can become an enforceable order for support if nobody requests a hearing on the notice.
(2) DCS may serve a support establishment notice when there is no order that:
(a) Establishes the NCP's support obligation for the child or children named in the notice; or
(b) Specifically relieves the NCP of a support obligation for the child or children named in the notice.
(3) Whether support is based upon an administrative order or a court order, DCS may serve a support establishment notice when the parties to a paternity or parentage order subsequently marry each other and then separate, or parties to a decree of dissolution remarry each other and then separate. The remaining provisions of the paternity or parentage order or the decree of dissolution, including provisions establishing parentage, remain in effect.
(4) DCS may serve a notice and finding of financial responsibility (NFFR) under WAC 388-14A-3115. DCS uses this notice when the NCP's parentage of the child is based on:
(a) The presumption arising from the existence of a marriage or a registered domestic partnership;
(b) The entry of a court order adjudicating the parent-child relationship;
(c) The entry of an adoption order;
(d) The man's having signed and filed a paternity affidavit, paternity acknowledgment, or acknowledgment of parentage under RCW 26.26A.200 through 26.26A.265, unless the acknowledgment has been rescinded or successfully challenged; or
(e) The NCP's being the biological mother of and having given birth to the child.
(5) Until January 1, 2019, DCS used the notice and finding of parental responsibility (NFPR) to establish support orders if the parents filed a paternity affidavit, paternity acknowledgment, or acknowledgment of paternity which did not become a conclusive presumption of paternity.
(6) DCS may serve a "Medical support only" NFFR under WAC 388-14A-3125.
(a) Until October 1, 2009, DCS used the notice and finding of medical responsibility (NFMR) for this purpose.
(b) From October 1, 2009, until January 1, 2019, DCS used the medical support only NFFR or NFPR for this purpose.
(c) A medical support only NFFR is used when DCS seeks to set only a medical support obligation instead of a monetary child support obligation.
[Statutory Authority: RCW 26.23.050, 26.23.110, 43.20A.550, 74.04.055, 74.04.057, 74.08.090, 74.20.040, 74.20A.055, 74.20A.056, and 74.20A.310. WSR 25-09-019, s 388-14A-3100, filed 4/7/25, effective 5/8/25. Statutory Authority: 2011 c 283, RCW 34.05.220, 43.20A.550, 74.04.055, 74.04.057, 74.08.090, 74.20A.055, 74.20A.056, and 74.20A.310. WSR 12-01-002, § 388-14A-3100, filed 12/7/11, effective 1/7/12. Statutory Authority: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11). WSR 11-12-006, § 388-14A-3100, filed 5/19/11, effective 6/19/11. Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.056, 74.20A.310, 26.26.315, 26.26.320, 26.26.330, 26.26.335, 74.20A.055, 2002 c 302, and 2002 c 199. WSR 03-17-013, § 388-14A-3100, filed 8/12/03, effective 9/12/03. Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056. WSR 00-15-016 and 00-20-022, § 388-14A-3100, filed 7/10/00 and 9/25/00, effective 11/6/00.]