(1) The division of
child support (DCS) may serve a notice of noncompliance on a
noncustodial
parent (NCP) who is not in compliance with a child support order.
(a) DCS may serve a notice of noncompliance
on an
NCP who meets the criteria of this section, even if the
NCP is in jail or
prison. Unless the
NCP has other resources available while in jail or prison,
DCS stays the commencement of the objection period set out in WAC
388-14A-4505(5)(b)
until the
NCP has been out of jail or prison for thirty days.
(b) DCS may serve a notice of noncompliance
on an
NCP who meets the criteria of this section, even if the
NCP is a
public
assistance recipient. DCS stays the commencement of the objection period in WAC
388-14A-4505(5)(b)
until the thirty days after the
NCP's cash
assistance grant is
terminated.
(2)
Compliance with a child support order for the purposes of the license
suspension program means the NCP owes no more than six months' worth of child
support.
(3) Noncompliance with a
child
support order for the purposes of the license suspension program means an
NCP has:
(a) An obligation to pay child
support under a court or administrative order; and
(b) Accumulated a support debt, also called
an arrears or arrearage, totaling more than six months' worth of child support
payments; or
(c) Failed to do one
of the following:
(i) Make payments required
by a court order or administrative order towards a support debt in an amount
that is more than six months' worth of payments; or
(ii) Make payments to the Washington state
support registry under a written agreement with DCS toward current support and
arrearages and the arrearages still amount to more than six months' worth of
child support payments.
(4) There is no minimum dollar amount
required for license suspension, as long as the arrears owed by the NCP amount
to more than six months' worth of support payments:
Example 1. Assume the child support order sets
current support at one hundred dollars per month: The NCP has not made a single
payment since the order was entered seven months ago. This NCP is more than six
months in arrears.
Example 2. Assume the child support order sets
current support at one hundred dollars per month: The NCP has paid for the last
few months, but owes arrears of over six hundred dollars. This NCP is more than
six months in arrears.
Example 3. Assume the child support order sets
current support at one hundred dollars per month: The child is over eighteen,
and no more current support is owed. However, the NCP has a debt of over one
thousand two hundred dollars. This NCP is more than six months in
arrears.
Example 4. Assume a judgment of three thousand
dollars is entered by the court: The order requires the NCP to pay fifty
dollars per month toward the arrears. The NCP has not made payments toward this
obligation for eight months. This NCP is more than six months in
arrears.