(1) Whenever the department receives an
application for public assistance on behalf of a child, the
department shall take appropriate action under the provisions of
this chapter, chapter 74.20A RCW, or other appropriate statutes
of this state to establish or enforce support obligations against
the parent or other persons owing a duty to pay support moneys.
(2) The secretary may accept a request for support
enforcement services on behalf of persons who are not recipients
of public assistance and may take appropriate action to establish
or enforce support obligations against the parent or other
persons owing a duty to pay moneys. Requests accepted under this
subsection may be conditioned upon the payment of a fee as
required by subsection (6) of this section or through regulation
issued by the secretary. The secretary may establish by
regulation, reasonable standards and qualifications for support
enforcement services under this subsection.
(3) The secretary may accept requests for support
enforcement services from child support enforcement agencies in
other states operating child support programs under Title IV-D of
the social security act or from foreign countries, and may take
appropriate action to establish and enforce support obligations,
or to enforce subpoenas, information requests, orders for genetic
testing, and collection actions issued by the other agency
against the parent or other person owing a duty to pay support
moneys, the parent or other person's employer, or any other
person or entity properly subject to child support collection or
information-gathering processes. The request shall contain and
be accompanied by such information and documentation as the
secretary may by rule require, and be signed by an authorized
representative of the agency. The secretary may adopt rules
setting forth the duration and nature of services provided under
this subsection.
(4) The department may take action to establish, enforce,
and collect a support obligation, including performing related
services, under this chapter and chapter 74.20A RCW, or through
the attorney general or prosecuting attorney for action under
chapter 26.09, 26.18, 26.20, 26.21A, or 26.26 RCW or other
appropriate statutes or the common law of this state.
(5) Whenever a support order is filed with the Washington
state support registry under chapter 26.23 RCW, the department
may take appropriate action under the provisions of this chapter,
chapter 26.23 or 74.20A RCW, or other appropriate law of this
state to establish or enforce the support obligations contained
in that order against the responsible parent or other persons
owing a duty to pay support moneys.
(6) The secretary, in the case of an individual who has
never received assistance under a state program funded under part
A and for whom the state has collected at least five hundred
dollars of support, shall impose an annual fee of twenty-five
dollars for each case in which services are furnished, which
shall be retained by the state from support collected on behalf
of the individual, but not from the first five hundred dollars of
support. The secretary may, on showing of necessity, waive or
defer any such fee or cost.
(7) Fees, due and owing, may be retained from support
payments directly or collected as delinquent support moneys
utilizing any of the remedies in chapter 74.20 RCW, chapter 74.20A RCW, chapter 26.21A RCW, or any other remedy at law or
equity available to the department or any agencies with whom it
has a cooperative or contractual arrangement to establish,
enforce, or collect support moneys or support obligations.
(8) The secretary may waive the fee, or any portion thereof,
as a part of a compromise of disputed claims or may grant partial
or total charge off of said fee if the secretary finds there are
no available, practical, or lawful means by which said fee may be
collected or to facilitate payment of the amount of delinquent
support moneys or fees owed.
(9) The secretary shall adopt rules conforming to federal
laws, including but not limited to complying with section 7310 of
the federal deficit reduction act of 2005, 42 U.S.C. Sec. 654,
and rules and regulations required to be observed in maintaining
the state child support enforcement program required under Title
IV-D of the federal social security act. The adoption of these
rules shall be calculated to promote the cost-effective use of
the agency's resources and not otherwise cause the agency to
divert its resources from its essential functions.
[2007 c 143 § 5; 1997 c 58 § 891; 1989 c 360 § 12; 1985 c 276 § 1; 1984 c 260 § 29; 1982 c 201 § 20; 1973 1st ex.s. c 183 § 1; 1971 ex.s. c 213 § 1; 1963 c 206 § 3; 1959 c 322 § 5.]
NOTES:
Severability -- 2007 c 143: See note following RCW 26.18.170.
Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability -- 1984 c 260: See RCW 26.18.900.