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WAC 388-14A-3323

What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?

(1) A hearing on a notice of support owed served under WAC 388-14A-3311 is subject to WAC 388-14A-3320 and this section.
(2) A hearing on a notice of support owed served under WAC 388-14A-3311 is only for the purpose of determining the amounts owed by the noncustodial parent (NCP) that are not stated as a fixed dollar amount in the underlying support order, either as part of the monthly support obligation or for nonmedical expenses of the children. See WAC 388-14A-3324 for the rules concerning a hearing on a notice of support owed for medical support.
(3) The administrative law judge (ALJ) must determine some or all of the following, depending on what was requested in the notice of support owed:
(a) The amount of monthly support as a fixed dollar amount;
(b) Any accrued arrears;
(c) Any difference between the NCP's obligation under a previous notice of support owed and his or her actual obligation after actual income or expenses are considered; and
(d) The amount of the NCP's share of nonmedical expenses for the children, including:
(i) The amount that the NCP must pay each month as his or her ongoing share of daycare and child care expenses for the children; and
(ii) Whether the custodial parent (CP) has provided sufficient proof of payment of daycare and child care expenses for the children; and
(iii) The amount of NCP's accrued debt for daycare and child care expenses.
(4) If the ALJ determines that the NCP's obligation under a previous notice of support owed is more than his or her actual obligation under the order after actual expenses or income are considered, the ALJ may not set a payment schedule on the support debt.
(5) If the ALJ determines that the NCP's obligation under a previous notice of support owed is less than his or her actual obligation under the order after actual expenses or income are considered, and the parties cannot agree on how the overpayment may be credited or repaid, the ALJ must enter an order providing that any difference may be:
(a) Applied as an offset to any nonassistance child support arrears owed by the NCP to the CP.
(b) In the form of a credit against the NCP's future child support obligation:
(i) Spread equally over a twelve-month period starting the month after the administrative order becomes final; or
(ii) When the future support obligation will end under the terms of the order in less than twelve months, spread equally over the life of the order.
(c) Paid in the form of a direct reimbursement by the CP to the NCP, but only with the consent of the CP, unless support has been assigned to the state.
[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, ยง 388-14A-3323, filed 5/19/11, effective 6/19/11.]
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