Section 388-14A-7200 - DCS can serve notices in other states under the Uniform Interstate Family Support Act(1) Except as specified in WAC 388-14A-3105, where grounds for personal jurisdiction exist under RCW 26.21A.100 or other Washington law, the division of child support (DCS) may serve the following legal actions in another state by certified mail, return receipt requested or by personal service, under chapter 26.21A RCW: (a) A notice and finding of financial responsibility under WAC 388-14A-3115; and(b) A notice and finding of parental responsibility under WAC 388-14A-3120;(c) A notice of paternity test costs under WAC 388-14A-8300; or(d) An affidavit of birth costs under WAC 388-14A-3555.(2) A notice and finding of financial responsibility, a notice of paternity test costs, or an affidavit of birth costs becomes final and subject to immediate wage withholding and enforcement without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the noncustodial parent (NCP), within sixty days of service in another state: (a) Contacts DCS and signs an agreed settlement or consent order; or(b) Files a written request for a hearing under: (i) WAC 388-14A-3115 for a notice and finding of financial responsibility;(ii) WAC 388-14A-3555 for an affidavit of birth costs; or(iii) WAC 388-14A-8300 for a notice of paternity test costs.(3) The effective date of a hearing request is the date DCS receives the hearing request.(4) A notice and finding of parental responsibility becomes final and subject to immediate wage withholding and enforcement without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the NCP, within sixty days of service in another state: (a) Contacts DCS and signs an agreed settlement or consent order;(b) Files a written request for a hearing under WAC 388-14A-3120 with DCS; or(c) Files a written request for paternity testing under WAC 388-14A-8300 to determine if he is the natural father of the dependent child named in the notice and cooperates in the testing. A request for a hearing or paternity testing is filed on the date the request is received by DCS.(5) If the results of paternity tests requested under subsection (4) of this section do not exclude the NCP as the natural father of the dependent child, the notice and finding of parental responsibility becomes final and subject to immediate wage withholding without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the NCP, within sixty days of service of the paternity test costs in another state: (a) Contacts DCS and signs an agreed settlement or consent order; or(b) Files a written request for a hearing under WAC 388-14A-3120.(6) Administrative law judges and parties must conduct administrative hearings on notices served in another state under this section under the special rules of evidence and procedure in chapter 26.21A RCW and according to chapter 34.05 RCW.Wash. Admin. Code § 388-14A-7200
Statutory Authority: RCW 34.05.220(2), 43.20A.550, 74.04.055, 74.08.090, 74.20.040, 74.20A.310. 07-08-055, § 388-14A-7200, filed 3/29/07, effective 4/29/07. Statutory Authority: RCW 74.08.090, 34.05.220, 74.20A.055, 74.20A.056. 01-03-089, § 388-14A-7200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-305 and 388-14-260.