Section 388-14A-3940 - Who can ask to add abatement language to an administrative support order?(1) The division of child support (DCS), the custodial parent (CP), or the noncustodial parent (NCP) may file a petition and request a hearing under chapter 26.09 RCW for the limited purpose of adding abatement language to an administrative order for child support.(2) The petitioning party must submit the request to add abatement language to DCS.(3) Acting as a responding jurisdiction, DCS may file a petition for the limited purposes of adding abatement language to an administrative order for child support on behalf of an initiating jurisdiction in an intergovernmental case.(4) OAH serves a copy of the request to add abatement language and notice of hearing on all other parties by regular mail at their last known address.(5) A hearing under this section:(a) Is for the limited purpose of determining whether statutorily required abatement language under RCW 26.09.335 should be added to the administrative support order;(b) Is separate from the administration of the abatement by DCS under WAC 388-14A-3945;(c) Does not otherwise modify or adjust the administrative support order; and(d) Does not impact DCS's or any party's right to request a prospective modification of the administrative support order under WAC 388-14A-3925.(e) Does not impact when DCS reviews a support order for modification under WAC 388-14A-3901.(6) DCS may enter into an agreed settlement or consent order with the parties under WAC 388-14A-3600 to add abatement language to an administrative support order.(7) If the nonpetitioning party fails to appear at the hearing, the ALJ issues a default order against that party.(8) If the petitioning party fails to appear at the hearing, the ALJ enters an order dismissing the petition.Wash. Admin. Code § 388-14A-3940
Adopted by WSR 22-02-063, Filed 1/4/2022, effective 2/4/2022