1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

9 Field Offices, 1 in each of the following cities: Seattle, Tacoma, Everett, Yakima, Vancouver, Olympia, Spokane, Wenatchee, and Kennewick.

2. What is the name of your IV-D agency?

Washington State Division of Child Support (DCS)

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Both administrative and court order establishment processes are available. Enforcement actions are primarily administrative. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

CSENET, QUICK

5. Describe special requirements for telephonic or video participation in two-state actions.

Washington Division of Child Support will assist with telephonic appearances in out-of-state hearings, whether the matter will be heard in an administrative or judicial forum. Assistance with video appearances is not an option at this time. Point of Contact: Central Registry Requirements: Hearing must be scheduled between 8 and 5 Pacific Time; DCS needs to know the extent of the services required by the tribunal to conduct the hearing, such as a notary public to verify the identify of the telephonic party or witness; the contact information of the person who needs to appear for the hearing; and, if available, a copy of the notice of hearing. There may be additional local instructions, depending on the field office from which the party or witness will testify For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Age 18 when the obligation ends in the absence of other factors. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.28.010

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 for court orders. A Washington Administrative Order may continue to age 19 as long as the child is a full-time student in secondary school or equivalent level vocational or technical training. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

Yes. If yes, please explain. Support continues until the child reaches the age of majority in a court order - For orders entered in Washington State, stop support at the end of the month when the child reaches age 18. Use age 21 for Washington orders entered before August 9, 1971 WA administrative orders: Before July 31, 2005, Washington State law for administrative orders said: Child support could continue after the child reached age 18 if the child is still enrolled in high school full-time or an equivalent vocational school but is expected to graduate before the end of the month of the child's 19th birthday. Effective July 31, 2005, Washington State law for administrative orders says: Child support continues for a child over the age of 18, if the child is under the age of 19 and participating full-time in a secondary school program For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. A Court may extend support in special cases or order post-secondary support For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

The child emancipates before the normal duration; the child marries; the child is adopted by someone other than the non-custodial parent; the child has been removed from the family and is a civil ward of the state; the child support order states that child support ceases prior to the normal duration; the child enters into military service prior to the normal duration. RCW 26.28.020. Judicial emancipation RCW 13.64 Emancipation of minors For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.28.020

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

DCS does not establish support for a child that is no longer a minor. If there is an existing order that provides for post majority support the party(s) can apply for services to enforce the existing order

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

For orders entered after July 23, 1989: all past due support expires 10 years after the 18th birthday of youngest child named in the order. For orders entered before July 23, 1989: each monthly installment expires 10 years after that monthly installment becomes due. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

For a child with no presumed, acknowledged or adjudicated parent, anytime within the life of the child. For a child with a presumed parent, within 4 years of the birth of the child. RCW 26.26A.430 RCW 26.26A.435 For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

RCW 74.20A.220 allows the obligor to extend or waive the statute of limitations in writing. Washington DCS has a form that can be used by the obligor. If the obligor waives the statute of limitations, Washington may continue to collect the debt until paid in full.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income shares. For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

Washington’s child support guidelines do not include a mathematical calculation based on the child’s residential schedule. It is up to judicial discretion whether to grant a deviation from the basic support obligation based on the amount of time the child spends in each party’s home. For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

Yes. Interest accrues at twelve percent per year. DCS will collect it on a Washington judgment only if it rendered to judgment. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.23.030

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

No

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

Yes. Only if reduced to or included in judgment Statutory interest rate is twelve percent per year unless the child support order provides for a different rate.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

Yes. The debt may be entered as a judgment or DCS can establish administratively either a reimbursement of uninsured medical expenses, a medical premium share or a combination of reimbursement of uninsured medical expenses and the medical premium share.

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

No.

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

No.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

No, but the custodial party must sign a Declaration of Lawful Custody.

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Yes, under RCW 26.18.190, Washington DCS gives credit for benefits paid to anyone other than the noncustodial parent up to the current support amount owed per child unless credit is already given in the order.

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

No, excess is not credited towards arrears.

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

Yes. If a noncustodial parent (NCP) is currently incarcerated for, or sentenced to, at least six months, child support may be abated, or temporarily reduced, to $10 per month per child support order. Abatement applies to Washington court and administrative orders only and the order must contain abatement language or be modified to include abatement language. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.320

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

It is treated as a gift.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

Send a CSENet message, check the Child Support Federal Portal- QUICK, send a communication to the assigned worker in the other state.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

No, Washington has not implemented either of these federal closure reasons.

14. Does your state child support agency have a debt compromise program?

Yes, either the state or the noncustodial parent may request a conference board to write off arrears assigned to the state of Washington based on legal error, hardship, or lack of cost-effective means of collection. Unassigned debt and debt assigned to other states may not be written off

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

There is no set amount to collect on arrears. The noncustodial parent may negotiate with the assigned case worker an amount to pay towards back support debt owed, based on the circumstances of the case. If they reach agreement, the case worker can amend the garnishment accordingly.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No. Support may be suspended if the child is no longer in the payee’s household. If the support order is a court order, both parties must confirm the change in household. If the payee does not agree with suspending support owed under the court order, Washington will continue to charge and advise the parties to go back to court to modify the order. If the support order is administrative, support can be suspended by operation of law if the child resides with the noncustodial parent for purposes other than visitation.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

Testing is handled by our local prosecutors’ offices who have a contract with Lab Corp and they can schedule out of state testing. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.325

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99% For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.220

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

RCW 26.26A.220 For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.220

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes. RCW 26.26A.115 Rescission period is limited to 60 days after filing. Court challenge within 4 years based on fraud, duress, material mistake of fact. RCW 26.26A.235-240 For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.115

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Yes. In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if married or in a domestic partnership with each other, and the child is born within 300 days after the marriage or domestic partnership terminated; or a person married or entered into a domestic partnership with the woman who gave birth to the child after the birth of the child and asserted parentage of the child. RCW 26.26A.115 For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Yes. In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if married or in a domestic partnership with each other, and the child is born within 300 days after the marriage or domestic partnership terminated; or a person married or entered into a domestic partnership with the woman who gave birth to the child after the birth of the child and asserted parentage of the child.

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Paternity verification may be provided. There are no charges for requesting paternity verification. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

There are fees associated for parentage documents from vital records. Copies of the Acknowledgment can be obtained by submitting a request in writing to DOH. Include $15 per requested copy. Mail the request to: DOH/CHS Attn: Vital Records Amendment Supervisor, PO Box 9709 Olympia, WA 98507 The request must include the child full name; child DOB; mother name; father name; city or county of birth and a copy of the identification card issued by the IV-D agency that contains the employee full name and photograph.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

There are fees associated for parentage documents from vital records. Copies of the Acknowledgment can be obtained by submitting a request in writing to DOH. Include $15 per requested copy. Mail the request to: DOH/CHS Attn: Vital Records Amendment Supervisor PO Box 9709 Olympia, WA 98507 The request must include the child's full name; child's DOB; mother's name; father's name; city or county of birth and a copy of the identification card issued by the IV-D agency that contains the employee’s full name and photograph. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

N/A

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

No.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

One intergovernmental packet

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Both administrative and court order establishment processes are available.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

The administrative process is used to - establish child support and medical, modify an administrative order, and to enforce an administrative or existing court order. The administrative process cannot be used to establish paternity. Paternity is not an issue and there is no court order either setting or relieving the non-custodial parent of a support obligation for the child. RCW 74.20A and RCW 74.20 For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=74.20A

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

If paternity must also be established or an existing superior court order modified. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=74.20.040

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

Income of both parents is considered in the calculation. Other household income may be considered when deviations are sought. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs. RCW 26.19.071

3. What criteria for rebutting your presumptive guidelines have been established in your state?

See RCW 26.19.075 "Standards of Deviation from the Standard Calculation". For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.19.075

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

From date assistance paid or application for services filed with initiating state. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Copy of assignment or application for services. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

5 year limitation if paternity hasn't been established. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No, but the custodial party must sign a Declaration of Lawful Custody For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No, but the custodial party must sign a Declaration of Lawful Custody

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

State practice does not include "reserving" support. If in doubt, request order establishment For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No, but the custodial party must sign a Declaration of Lawful Custody The other party will be given notice and an opportunity to object. The other parent can directly apply for child support services For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

TANF, SSI, VA disability, work release earnings from state, federal work-study grants, non-obligated spouse, per capita payments and other tribal funds unless there is an agreement with the tribe that we can collect those funds For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=74.20A.030

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

No. RCW 6.27.150 RCW 26.23.060 RCW 74.20A.090 For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

Yes. 50%

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

No.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

They are required to begin withholding after date of receipt or service.

5. What are your state’s sanctions for employers for not implementing income withholding?

Notice of Noncompliance can include the support amount not remitted and fines. The employer as Administrative hearing rights.

6. What are the penalties to an employer for failure to remit payments withheld?

$100 fine per occurrence.

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

No.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

Transmittal #1, copy of the support order(s) and a debt calculation, preferably certified but not required.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

Some financial institution may honor direct income withholding orders that are sent via regular mail or Fast Levy.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

Transmittal #1, copy of the support order(s) and a debt calculation, preferably certified but not required.

9. How does a noncustodial parent contest an income withholding in your state?

They can contact their assigned case worker to negotiate the amount. If an agreement cannot be made, they can request a Conference board.

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

Monthly current support, medical and spousal are paid first. If there is remaining money, it gets divided proportionate to the arrears on the cases. For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

Yes. There is not a special process for determining the amount to withhold.

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes. Effective 2/1/21 we will pass through up to $50 per month if the custodial party has 1 child on the TANF grant and up to $100 per month if the custodial party has 2 or more children on the TANF grant. RCW 26.23.035(4)

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

PRWORA distribution effective 7/1/2010

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Payments are distributed first to current support and then proportionately to each debt according to the proportion that the debt owed to each jurisdiction bears to the entire amount owed.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Same as above. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

MSFIDM,FIDM

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

A copy of order, debt calculation, name of FI and account balance if available, name(s) of CP(s) involved and child(ren).

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

Case is open and has been in the IT system for 60 days, SSN is known to the agency, arrearages exceed $1000.00 and a verified or unverified mailing or home address is known to the agency. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

TransUnion, Equifax, Experian

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

No. The account would only be deleted if the NCP was reported in error.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes, $1000.00

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

No.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes, $500 is the minimum for matching but we typically do not pursue unless the arrears are $1000.00 or more.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

No.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes, $250.00

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Administrative

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Yes. Pension plan benefits protected under ERISA For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

No it is not centralized. Some financial institutions are automated.

17. What are the criteria to attach an account in a financial institution in your state?

When there is an arrears debt and the NCP does not pay regularly, is self-employed, has a personal accounts or owns a sole proprietorship and we can not collect through wage withholding. Funds in the account must be from other sources, they can not only be from exempt funds.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No. For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

Send the following in an AEI request: Transmittal #3, copy of order, debt calculation, name of FI and account balance if available, name(s)of CP(s) involved and child(ren).

20. Does your state's income withholding definition include amounts in financial institutions?

No. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes, Documents are sent simultaneously to the financial institution and the NCP; The state For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

Seven days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

No. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

100% up to the amount of the debt owed. No it is not different with joint accounts. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

Either the obligor or joint account holder may request an administrative hearing to contest the bank account garnishment.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

Yes. An addendum is added to the Order to withhold and deliver requesting the recipient liquidate the debtor's assets Alphabetically to honor and remit funds. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

Arrears in excess of 6 months of support.

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

The noncustodial party pays the arrears in full or they enter into a repayment agreement and make the first payment under the terms of the agreement.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

Arrears in excess of 6 months of support.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

The noncustodial party pays the arrears in full or they enter into a repayment agreement and make the first payment under the terms of the agreement.

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

No.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

Arrears in excess of 6 months of support and is done at the same time as a driver's license suspension.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

The noncustodial party pays the arrears in full or they enter into a repayment agreement and make the first payment under the terms of the agreement.

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

No.

36. What are the criteria for initiating/filing a lien in your state?

Any arrearage $500 or more.

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

The lien process is administrative. Liens are filed in the county of residence and/or country where assets are located. A lien is issued to the County Assessor’s Office to be filed and recorded. The agency is provided the date and recording # once the lien is filed

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

Yes. Administrative. Vehicles, motorcycles, RV’s, Boats, airplanes.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

No.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

Yes, lottery winnings. A cash prize or a prize that can be converted to a cash

40.1 If yes, is this enforcement judicial, administrative, or both?

Administrative.

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

DOR Unclaimed property; levies against legal settlements; Liens against personal property such as vehicles, motorcycles, RV’s, boats, airplanes

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

Contempt, QDRO, fraudulent conveyance, foreclosure of a deed of trust, estate claims.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every 3 years. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

TANF cases are automatically reviewed when either thirty-five (35) months have passed since the order was entered or changed; or the case meets the substantial change in circumstance criteria under RCW 26.09.170; or the change would allow a family to get off or stay off Temporary Assistance for Needy Families (TANF). Non-assistance cases are reviewed when one of the parties requests a review For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.170

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

Existing orders compared to current child support guidelines: Change must be 15% above/below current obligation; and $100 per month; and $2400 over the remaining life of the order. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes.

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes.

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes. For Additional Information - No Link Provided

4.4. The cost of living has changed.

No.

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes.

4.6. There has been a substantial change in childcare expenses.

Yes

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

See RCW 26.09.170. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Yes. The specific period of incarceration must exceed six months For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

No, not automatically.

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

Yes, Washington requires a request signed by a party to start a modification review in IV-D non-public assistance cases, in both the administrative and judicial forums.

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

No.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Income withholding order lump sum and Order to withhold and deliver for employer based lump sums. Income withholding order for out of state worker compensation; Other types of lump sums could be Order to withhold and Deliver or a Federal Notice of Lien.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

N/A

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes if the other state includes the costs in a certified debt calculation.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

Yes. The fee is retained from support collected on behalf of the individual who is entitled to receive the support regardless of which party applied for services

3.2. Is it paid by the individual applying for child support services?

No.

3.3. Is it recovered from the noncustodial parent?

No

3.4. Is it paid by the state out of its state funds?

International responding cases only.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Yes. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.23.037

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

Internal limit set at $1000 arrears balance before will pursue collection.

3. What process does your state use to intercept insurance payments?

Issue federal Notice of Lien to insurance company. For Additional Information - https://www.dshs.wa.gov/esa/division-child-support/insurance-claims-reporting

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Transmittal #1, copy of pertinent order(s), debt calculation For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Not automated, only sent from a caseworker.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

No and Washington does not assess interest.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

No cost if requested through our agency. WA court order - ask WA caseworker to send a request to the county where the order was entered. WA administrative order- ask WA caseworker to prepare a certified copy of final Administrative Order. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

No cost. The WA caseworker can prepare a notarized payment record. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

RCW 26.21A For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.21A

2. How does your state define the tribunal (See UIFSA 103)?

"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. For Additional Information - https://app.leg.wa.gov/RCW/default.aspx?cite=26.21A.010

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One copy.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

N/A

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No.

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes. Alternative A.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

Yes. UFISA forms, Hague (Article 7) forms, support orders.

3. What methods of personal service does your state use?

Contracted process server, voluntary acceptance of service, certified mail return receipt, county sheriff or public official.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Basic child support, childcare, medical premium share For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes. Parents are encouraged to enter agreed settlements or consent orders with the Division of Child Support as a party. We require the signature of the parties (or telephonic approval with an administrative law judge).

6. What circumstances will cause your state to end child support before the normal duration?

The child emancipates before the normal duration; The child is no longer under the care of the custodial parent and there is no decision re -directing payments to someone else; The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Payments are generally made by check. Electronic payments are sent to Norway and Netherlands formatted in the standardized Intergovernmental child support file layout through a domestic bank.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

All payments are processed through a designated authority All payments are processed upon receipt.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

Electronic payments can be received in a properly formatted International ACH Transaction (IAT) file layout and as International Wires. IAT transactions should be sent to our Universal Payment Identification Code (UPIC), which is tied to our U.S. Bank account in the background, routing number 021052053 checking account number 46922337. International wires should be sent to WA State DSHS-DCS, U.S. Bank, 60 Livingston Ave., St. Paul MN 55107, routing number 123000848, checking account number 153911672027. The bank SWIFT Code is USBKUS44IMT

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

Yes.

1.1. If yes, list the tribes and identify services provided, if less than full services.

Kalispel Tribe, Lower Elwha Klallam Tribe, Nisqually Tribe, Quileute Tribe, Shoalwater Bay Tribe, Stillaguamish Tribe, Swinomish Tribe, Upper Skagit Tribe, South Puget Intertribal Planning Agency (SPIPA), Spokane Tribe. For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

Yes.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

Effective January 1, 2019, employers or contractors will be required to remit child support electronically when: employer or contractor has ten or more employees (or contracted workers) with one or more withholding orders; employer or contractor has fewer than ten employees (or contracted workers) with withholding orders for more than one employee; employers required to pay taxes electronically employers using a payroll processor to handle payroll

2. What is your state's SDU bank name?

The SDU bank is U.S. Bank

3. What is your state's SDU vendor name?

4. What is your state's web-based payment service for employers?

Web-based payment service: Division of Child Support Internet Payment Service (DCSOnline) (free to employers and direct payers) Phone: 800-468-7422 Website: www.childsupportpayment.dshs.wa.gov

5. What is your state's web-based payment service for noncustodial parents?

Web-based payment service: Division of Child Support Internet Payment Service (DCSOnline) (free to employers and direct payers) Phone: 800-468-7422 Website: www.childsupportpayment.dshs.wa.gov

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Direct Paying NCP's

7. How does your state accept card payments?

Various Contracted Vendors: https://www.dshs.wa.gov/esa/dcs-office-financial-recovery/paying-child-support

8. Are there fees associated with the credit card payments?

Yes, varies by vendor

9. Does your state have other payment options?

Payment may be remitted by mail to: Washington State Support Registry PO Box 45868 Olympia WA 98504 The noncustodial parent’s identifier must be on the payment instrument or an attached document.

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

1st payday after receipt

11. When must an employer remit amounts withheld from an employee's pay?

7 days

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

FICA, income taxes, Labor and Industries, unemployment insurance, Paid Family & Medical Leave, union dues, WACARES, and some retirement deductions.

13. What is your state's priority for withholdings?

Current support, health insurance premiums, arrears, interest

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

50% of disposable income

15. What are the withholding limits for non-employees?

50% of payments

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

If there is more than one IWO against the obligor and 50% of net earnings after mandatory deductions is not sufficient to honor all IWOS in full, priority goes to current support. If 50% of net earnings does not satisfy the current support, allocate the amount withheld equally between IWOs that require current support. If 50% of net earnings is sufficient to cover all current support but does not cover all the back support, first honor all the current support and then divide the remainder equally between IWOs that require a back support payment.

17. When does your state require employers to send notice of an employee's termination?

It is not required by law, but it is requested they notify the agency as soon as possible.

18. How long should an employer retain the order after the employee's termination?

The employer is only obligated to retain the order until they no longer owe the obligor any money.

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$10 for 1st payment; $1 for all others

20. Provide your state's statutory citation.

Wash. Rev. Code §§26.18.090, 26.18.110, 26.23.060

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Yes. Lump sum payment means income other than a periodic recurring payment of earnings on regular paydays and does not include reimbursement for expenses. RCW 26.23.020 Examples: Commissions, bonuses, cash service awards, performance or sign on bonuses, retroactive pay increases, moving or relocation incentives, holiday or vacation pay cash out, separation pay.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Yes RCW 26.23.063

23. Does your state have a threshold amount for a lump sum to be reported?

Yes, if more than $500 or the amount is unknown.

24. Does your state citation or rule provide how long the employer must hold the lump sum?

The employer must determine the portion of the lump sum which consists of disposable earnings and may disburse 50% of that amount to the responsible parent. The employer must hold the remaining amount of the lump sum payment for 14 days. RCW 26.23.070

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

The IWO is used for most lump sum payments issued by employers and workers’ compensation. Order to withhold and deliver is used for some employer payments or when the money is currently being held by an entity such as an attorney or bank. Federal Notice of lien for is used for pending settlements or payments not yet determined to the obligor such as insurance claims and legal settlements.

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

Yes, Washington law would consider a lump sum coming from an employer as earnings and apply a limit of 50% of "disposable earnings" to the withholding. See RCW 74.20A.090 Website: http://apps.leg.wa.gov/rcw/default.aspx

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No.

29. What is your state's Medical Support Statute?

Revised Code of WA (RCW) http://apps.leg.wa.gov/rcw Support Order Requirement: RCW 74.20A.300, RCW 26.09.105 and RCW 26.23.050(5)(h)(i)(j)(k) Medical Enforcement: RCW 26.18.170 and RCW 26.23.110

30. What is your state's Reasonable Cost Definition?

Reasonable cost is calculated as 25% of the obligated parent's Basic Child Support Obligation (BCSO). The BCSO is calculated from Line 7 of the Washington State Child Support Schedule Worksheet with revision date prior to 10/2009. The BCSO is shown on Line 19 of the Washington State Child Support Schedule Worksheet with revision date 10/2009 and later. If no figure is shown on Line 19, the BCSO is calculated from Line 9. The court shall have discretion to order health insurance coverage that exceeds 25% of the BCSO when it is in the best interest of the child. This is considered "no limit to cost", except that current child support, plus the children's insurance premium, plus arrears cannot exceed 50% of the parent's disposable earnings.

31. What is the Health Coverage Expense?

To calculate whether the health insurance premium is under the limit of support to withhold, the employer and plan administrator should use the cost of adding the children to the parent's existing coverage. If the parent is not already enrolled, include both the employee and children's health insurance premium when calculating the limitation on withholding.

32. What is the Income Withholding Limits for Support?

50% of disposable earnings exempt from collection. See RCW 74.20A.090

33. What is the Priority of Withholding?

Current Support, Medical Coverage, Arrears

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

Contact DCS to find out if the withhold for arrears can be reduced to allow child's enrollment.

35. According to 45 CFR §303.32(a), what are your state options?

We enforce the custodial parent's health insurance obligation only upon a valid request from the other parent. The other parent must file a written application for enforcement of the underlying order in addition to the custodial parent's health insurance obligation, the case must meet DCS enforcement criteria, and DCS must serve the obligated parent with a national medical support notice before DCS will enforce the custodial parent's health insurance obligation.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

A parent who objects to a NMSN can request a conference board review to determine if DCS should withdraw the notice based on hardship, domestic violence, or other equitable basis. RCW 74.20A.160

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date

38. What are the required data elements?

New Hire Information: Employee name, Employee address, SSN, Date of birth, Date of hire, Employer name, Employer address, FEIN;

39. What are the methods of transmission?

Online (state portal), Mail, Fax, Phone

40. Does your state require independent contractor reporting?

No