(1) The division of child support (DCS), the
custodial parent (CP) or the noncustodial parent (NCP) may file a petition and
request a hearing to prospectively modify an administrative order for child
support. The request must be in writing and must state:
(a) Any circumstances that have
changed;
(b) Any relief requested;
and
(c) The proposed new support
amount.
(2) The
petitioning party must file the request for modification with DCS.
(3) Acting as a responding jurisdiction, DCS
may file a petition to prospectively modify an administrative order for child
support on behalf of an initiating jurisdiction in an intergovernmental
case.
(4) Office of Administrative
Hearings serves a copy of the request for modification and notice of hearing on
all other parties by regular mail at their last known address.
(5) DCS or the administrative law judge
(ALJ):
(a) Prospectively modifies orders
according to the terms of chapter 26.19 RCW and
RCW
74.20A.059; and
(b) May only modify an order issued by a
tribunal in another state according to the terms of
RCW
26.21A.550.
(6) A request to add a requirement for the
custodial parent (CP) to provide health care coverage, or to add a provision in
the order to include the CP's share of uninsured medical expenses, is not by
itself a sufficient basis for modification of the order.
(7) If the nonpetitioning party fails to
appear at the hearing, the ALJ issues a default order based on the Washington
state child support schedule and the worksheets submitted by the parties,
considering the terms set out in the request for modification.
(8) If the petitioning party fails to appear
at the hearing, the ALJ enters an order dismissing the petition for
modification.
(9) If the petition
for modification does not comply with the requirements of subsection (1)(a) and
(b) of this section, the ALJ may:
(a) Dismiss
the petition; or
(b) Continue the
hearing to give the petitioning party time to amend according to WAC
388-14A-3275 or to complete the petition.
(10) The ALJ may set the effective date of
modification as the date the order is issued, the date the request was made, or
any time in between. If an effective date is not set in the order, the
effective date is the date the modification order is entered.
(11) For purposes of abatement under this
chapter, DCS, the CP, or the NCP may seek changes to a child support order to
add abatement language under WAC
388-14A-3940.
