Section 388-14A-4111 - When may DCS decline a request to enforce a medical support obligation?The division of child support (DCS) may decline to enforce a medical support obligation using the remedies available under RCW 26.09.105, 26.18.170, and 26.23.110 if one or more of the following apply:
(1) The medical support obligation is imposed by a child support order that was not entered in a court or administrative forum of the state of Washington;(2) The department of social and health services is not paying public assistance;(3) The department of children, youth, and families is not providing services for a child in residential care (foster care);(4) The party requesting enforcement of the medical support obligation does not have an open IV-D case with DCS for the child;(5) The party requesting enforcement of the medical support obligation is not a parent of the child for whom the medical support obligation was established;(6) The party is requesting reimbursement of the obligated parent's proportionate share of medical premium costs, and the obligated parent is currently providing accessible health care coverage for the child;(7) The party requesting enforcement of the medical support obligation is not a former recipient of public assistance as described in WAC 388-14A-2000 (2)(d);(8) DCS has not received a request for services from a child support agency in another state or a child support agency of an Indian tribe or foreign country;(9) The party requesting enforcement of the medical support obligation has not applied for full support enforcement services;(10) The party requesting enforcement of the medical support obligation does not qualify as a party who can receive child support enforcement services from DCS under WAC 388-14A-2000;(11) The case does not meet the requirements for provision of support enforcement services from DCS under WAC 388-14A-2010;(12) DCS denies the application under WAC 388-14A-2020;(13) The party requesting enforcement of the medical support obligation does not provide proof of payment, any required forms, or the declaration under penalty of perjury required under WAC 388-14A-3312;(14) The case meets one or more of the reasons set out in WAC 388-14A-4112(2) that DCS does not enforce a custodial parent's obligation to provide medical support.Wash. Admin. Code § 388-14A-4111
Amended by WSR 19-02-017, Filed 12/21/2018, effective 1/21/2019Amended by WSR 24-15-143, Filed 7/23/2024, effective 8/23/2024Statutory 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). 11-12-006, § 388-14A-4111, filed 5/19/11, effective 6/19/11.