Washington DCS: Responding to Modification Action

If you ever wondered how timelines work for Washington DCS matters, you are not alone. Specifically, the Washington Administrative Code (WAC) does not set forth the timeline required for a response to a child support modification action initiated on a WA DCS administrative order. The petitioning party to a WA DCS administrative child support order can be the custodial parent, the non-custodial parent, or WA Division of Child Support WASH. ADMIN. CODE § 388-14A-3925 (2008).

The WAC does set forth the time requirements for responding to initial notices to establish child support obligations. WASH ADMIN. CODE § 388-14A-3110 (2003). These timelines mirror those of the Washington statutes concerning child support. Specifically Wash. Rev. Code § 26.09.175(3) (2002) which indicate a period of 20 days to respond when the respondent is in the State of Washington and 60 days if out of state.

So where does this leave us? What is the timeline for responding to modification actions concerning administrative child support orders? I think the safe bet is that the responding party to an action to modify an administrative has 20 days if within the state and 60 days if out-of-state. This and all other requirements that DCS must follow when handling child support matters stem from the applicable sections of the Washington statutes.

I'd like to hear varying opinions. Let me know.