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WAC 388-14A-7005

The division of child support may register an order from a foreign country under the Hague Convention on Child Support for enforcement or modification.

(1) A child support order issued by a tribunal of a foreign country which has ratified the convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (known as the Hague Convention on Child Support) may be registered in this state for enforcement pursuant to chapter 26.21A RCW at the request of a party to the convention order or at the request of the support enforcement agency of the foreign country.
(a) Such an order is, for the purposes of this chapter, known as a "convention order."
(b) At the option of the division of child support (DCS), a convention order may be registered with the superior court pursuant to RCW 26.21A.505 or it may be registered with the administrative tribunal according to subsection (2) of this section. Either method of registration is valid.
(c) A convention order is registered when the order is filed with the registering tribunal of this state.
(d) DCS may enforce a registered convention order in the same manner and subject to the same procedures as an order issued by a tribunal of this state.
(e) DCS may assess and collect interest on amounts owed under convention orders entered or established in a jurisdiction other than the state of Washington as provided in WAC 388-14A-7110.
(f) DCS notifies the parties that it is enforcing a convention order using the Notice of Support Debt and Registration under the Hague Convention (NOSDR-HC) as provided in this section.
(2) DCS must give notice to the nonregistering party when it administratively registers a convention order. DCS gives this notice by using the Notice of Support Debt and Registration under the Hague Convention (NOSDR-HC).
(a) The notice must inform the nonregistering party:
(i) That a registered convention order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(ii) That if a party wants a hearing to contest the validity or enforcement of the registered convention order, the party must request a hearing within thirty days after service of the notice on the nonregistering party, or if the contesting party does not reside in the United States, the contest must be filed no later than sixty days after notice of the registration;
(iii) That failure to contest the validity or enforcement of the registered convention order in a timely manner will result in confirmation and enforcement of the convention order and any alleged arrearages and such failure to contest the notice precludes further contest of the convention order with respect to any matter that could have been asserted;
(iv) Of the amount of any alleged arrearages, including interest, if interest is being assessed under WAC 388-14A-7110; and
(v) Whether DCS has made a determination of controlling order under chapter 26.21A RCW, as described in WAC 388-14A-7325.
(b) The Notice of Support Debt and Registration under the Hague Convention (NOSDR-HC) must be:
(i) Served on the nonregistering party by certified or registered mail or by any means of personal service authorized by the laws of the state of Washington; and
(ii) Served on the registering party or entity by first class mail at the last known address; and
(iii) Accompanied by a copy of the registered convention order and any documents and relevant information accompanying the convention order submitted by the registering party.
(c) The effective date of a request for hearing to contest the validity or enforcement of the registered convention order is the date DCS receives the request.
(3) A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued by a foreign country that has ratified the Hague Convention on Child Support may register the convention order in this state according to RCW 26.21A.613 through 26.21A.615.
(a) The convention order must be registered as provided in subsection (1)(b) if the order has not yet been registered.
(b) A petition for modification may be filed at the same time as a request for registration, or later. The petition must specify the grounds for modification.
(c) DCS may enforce a convention child support order registered for purposes of modification, as if a tribunal of this state had issued the order, but the registered convention order may be modified only if the requirements of RCW 26.21A.550 are met.
(4) Interpretation of the registered convention order is governed by RCW 26.21A.515.
[Statutory Authority: RCW 26.21A.601 through 26.21A.630, 74.08.090. WSR 19-08-086, § 388-14A-7005, filed 4/3/19, effective 5/4/19.]
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