Frequently Asked Questions

Welcome to DSHS Economic Services Administration's Frequently Asked Questions!

What kinds of obligations can DCS set with a NFFR?

A child support order may include a financial support obligation, a medical support obligation, or both.

  • When DCS establishes an administrative child support obligation, the support order usually contains both a financial support obligation and a medical support obligation. The administrative order sets the medical support obligations for both parents of the children.
    • Financial support is the obligation to make monthly payments towards the cost of food, clothing, shelter, and other necessities for the child or children.
    • Medical support includes the obligation to provide health insurance coverage or to pay a portion of any health care costs.
  • Under certain circumstances, a custodial parent who receives state medical assistance for a child or children may waive establishment of the financial support obligation. DCS will then establish an order for medical support only.
  • If DCS establishes an order for medical support only, either party may also seek to establish a current financial support obligation. That party must apply for full enforcement services and then petition to modify the existing order. DCS may also petition to modify the order when establishment of a current financial support obligation is required by Federal IV-D program rules.

If you still have questions, contact your support enforcement officer at the phone number listed on the last page of the notice you received. If you are not sure which office handles your case, call the KIDS line at 1-800-442-KIDS (5437).

What legal defenses are available to a noncustodial parent when DCS seeks to establish a support obligation? (WAC 388-14A-3370)

A noncustodial parent (NCP) who objects to a NFFR has the burden of establishing any defenses to liability. Defenses include, but are not limited to:

  • Proof of previous payment;
  • Proving the existence of a superior court order, tribal court order, or administrative order that sets the NCP's support obligation or specifically relieves the NCP of a support obligation for the child or children named in the notice;
  • Claiming that the party is not a responsible parent as defined by RCW 74.20A.020(7);
  • Claiming that the amount requested in the notice is inconsistent with the Washington state child support schedule, Chapter 26.19 RCW;
  • Equitable estoppel, subject to WAC 388-14A-6500; or
  • Any other matter constituting an avoidance or affirmative defense.

A dependent child's or a custodial parent's ineligibility to receive public assistance is not a defense to the establishment of a support obligation.

Wrongful Deprivation

An NCP may be excused from providing support for a dependent child if the NCP is the legal custodian of the child and has been wrongfully deprived of physical custody of the child. The NCP may be excused only for any period during which the NCP was wrongfully deprived of custody. The NCP must establish that:

  • A court of competent jurisdiction of any state has entered an order giving legal and physical custody of the child to the NCP;
  • The custody order has not been modified, superseded, or dismissed;
  • The child was taken or enticed from the NCP's physical custody and the NCP has not subsequently assented to deprivation. Proof of enticement requires more than a showing that the child is allowed to live without certain restrictions the NCP would impose; and
  • Within a reasonable time after deprivation, the NCP exerted and continues to exert reasonable efforts to regain physical custody of the child.

If you still have questions, contact your support enforcement officer at the phone number listed on the last page of the notice you received. If you are not sure which office handles your case, call the KIDS line at 1-800-442-KIDS (5437).

What should I do if i want a court to set my child support order?

All parties to the case have the right to file a petition in a state court or a tribal court (if eligible). The parties may do so at any time. If you file a petition in a court, you must serve notice of the action on the Prosecuting Attorney's office in the county where you file and on the other party to your child support case. You also must tell DCS of your action.

  • Proceeding in a court does not stop the notice from becoming a final order unless you get a court order that stops the DCS action.
  • Even if you want a court to set your support amount, you should still request a hearing on this notice within the required time limit.

If you still have questions, contact your support enforcement officer at the phone number listed on the last page of the notice you received. If you are not sure which office handles your case, call the KIDS line at 1-800-442-KIDS (5437).

What to do if You Disagree With the Notice You Received?

If You Disagree With the Notice

If you disagree with the notice and want to try to change the terms of the notice, you must object and/or ask for a hearing.

  • To object, contact your Support Enforcement Officer (SEO) or complete and return the Objection/Request for Hearing form which was included with the notice.
  • Contact your SEO with your concerns and attempt to resolve the issue. This can include anything from the amount of the proposed child support obligation, the proposed amount of arrears owed, or any other issue addressed in the notice.
  • You must object in a timely manner.
    • The noncustodial parent must object within 20 days of the date the notice was received. If the notice was served outside of Washington, the objection must be made within 60 days of the date received.
    • A custodial parent or physical custodian who disagrees with the notice must object within 20 days of the date the notice was received.
    • If the objection or request for a hearing is received by DCS within the time frames above, it will stay any collection actions until such time as a final administrative order is entered.
  • For more specific information, please refer to pages 4 and 5 of the notice you received.

If you still have questions, contact your support enforcement officer at the phone number listed on the last page of the notice you received. If you are not sure which office handles your case, call the KIDS line at 1-800-442-KIDS (5437).

Who is responsible for health care and daycare?

Both the noncustodial parent and the custodial parent are responsible for certain costs. DCS may have included one or more of these costs in calculating the current child support obligation. Costs are shared by both parents based on their proportionate share of the basic child support obligation. DCS may serve a Notice of Support Owed to establish the amount a parent owes for costs if these costs were not included in the calculation of the basic financial obligation. These costs may include:

  • Health care costs. Both parents are obligated to pay their share of health care costs based on their proportionate share of income. Health care costs include, but are not limited to, medical, dental, orthodontia, vision, chiropractic, mental health treatment, prescription medications, and other similar costs for care and treatment. They may include uninsured medical expenses, copayments, and deductibles for the child or children. They may include the parent's proportionate share of a medical insurance premium in excess of the amount being enforced by DCS through service of a Notice of Support Owed because the medical premium share is limited to 25 percent of the basic child support obligation.
  • Daycare expenses.

If you still have questions, contact your support enforcement officer at the phone number listed on the last page of the notice you received. If you are not sure which office handles your case, call the KIDS line at 1-800-442-KIDS (5437).