AN ACT Relating to correction of double
amendments relating to support obligations; and reenacting and amending RCW
26.23.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 26.23.110 and 1989 c 360 s 16 and 1989 c 175 s 77 are each reenacted and
amended to read as follows:
(1) The department may serve a notice of
support owed on a responsible parent when a support order:
(a) Does not state the current and future support
obligation as a fixed dollar amount; or
(b) Contains an escalation clause or adjustment
provision for which additional information not contained in the support
order is needed to determine the fixed dollar amount of the ((accrued))
support debt ((and/))or the fixed dollar amount of the
current and future support obligation, or both.
(2) The notice of support owed shall facilitate
enforcement of the support order and implement and effectuate the terms of the support
order, rather than modify those terms. When the office of support enforcement
issues a notice of support owed, the office shall inform the payee under the support
order.
(3) The notice of support owed shall be served
on a responsible parent by personal service or any form of mailing requiring a
return receipt. The notice of support owed shall contain an initial
finding of the fixed dollar amount of current and future support obligation
that should be paid ((and/))or the fixed dollar amount of the
support debt owed under the support order, or both.
(4) A responsible parent who objects to the fixed
dollar amounts stated in the notice of support owed has twenty days
from the date of the service of the notice of support owed to file an
application for an adjudicative proceeding or initiate an action in superior
court.
(5) The notice of support owed shall
state that the responsible parent may:
(a) File an application for an adjudicative
proceeding governed by chapter 34.05 RCW, the administrative procedure act,
in which the responsible parent will be required to appear and show
cause why the fixed dollar amount of support debt or current and
future support obligation, or both, stated in the notice ((for current
and future support and/or the accrued support debt)) of support owed
is incorrect and should not be ordered; or
(b) Initiate an action in superior court.
(6) If the responsible parent does not
file an application for an adjudicative proceeding or initiate an action in
superior court, the fixed dollar amount of current and future support ((and/))
obligation or ((the)) support debt, or both, stated in the
notice of support owed shall become final and subject to collection
action.
(7) If an adjudicative proceeding is requested,
the department shall mail a copy of the notice of ((hearing)) adjudicative
proceeding to the payee under the support order at the payee's last known
address. A payee who appears for the ((hearing shall be allowed)) adjudicative
proceeding is entitled to participate. Participation includes, but is not
limited to, giving testimony, presenting evidence, being present for or
listening to other testimony offered in the adjudicative proceeding, and
offering rebuttal to other testimony. Nothing in this section shall preclude
the administrative law judge from limiting participation to preserve the
confidentiality of information protected by law.
(8) If the responsible parent does not initiate
an action in superior court, and serve notice of the action on the department
within the twenty-day period, the responsible parent shall be deemed to have
made an election of remedies and shall be required to exhaust administrative
remedies under this chapter with judicial review available as provided for in
RCW 34.05.510 through 34.05.598.
(9) An adjudicative order entered in accordance
with this section shall state the basis, rationale, or formula upon which the fixed
dollar amounts established in the adjudicative order were based.
The fixed dollar amount of current and future support ((and/)) obligation
or the amount of the support debt, or both, determined under this
section shall be subject to collection under this chapter and other applicable
state statutes.
(10) The department shall also provide for:
(a) An annual review of the support order if
either the office of support enforcement or the responsible parent requests
such a review; and
(b) A late ((hearing)) adjudicative
proceeding if the responsible parent fails to file an application for an
adjudicative proceeding in a timely manner under this section.
(11) If an annual review or late ((hearing))
adjudicative proceeding is requested under subsection (10) of this
section, the department shall mail a copy of the notice of ((hearing)) adjudicative
proceeding to the payee at the payee's last known address. A payee who
appears for the adjudicative proceeding ((shall be allowed)) is
entitled to participate. Participation includes, but is not limited to,
giving testimony, presenting evidence, being present for or listening to other
testimony offered in the adjudicative proceeding, and offering rebuttal
to other testimony. ((Nothing in this section shall preclude)) The
administrative law judge ((from limiting)) may limit
participation to preserve the confidentiality of information protected by law.
