§28.04 Role of Government

• Jurisdiction: Washington

§ 28.04 ROLE OF GOVERNMENT

Although many child support cases are handled between the parties themselves or through private counsel, much of the establishment and most of the collection work is done by public agencies. Because the state may also have a direct interest in the child support obligation, knowledge of the state's program is necessary. See § 28.09, below.

[1] State Participants

There are three separate public entities that participate in the child support enforcement program. They are the Division of Child Support (DCS), prosecuting attorneys' offices, and the Office of the Attorney General.

DCS is responsible for the administration of Washington's support enforcement program. 42 U.S.C. § 654(3); WAC 388-14A-1000. For a list of the DCS offices and their addresses, see Contact the Division of Child Support, WASH. STATE DEP'T OF SOC. & HEALTH SERVS., ECONOMIC SERVS. DIV., https://www.dshs.wa.gov/esa/division-child-support/contact-division-child-support (last visited Nov. 19, 2020). Support enforcement officers handle the cases. In-house attorneys or claims officers appear in administrative hearings.

DCS assigns new cases through the Statewide Caseload Assignment Program, a computer program designed to balance the caseload proportionately among the offices. The case may not be assigned to the office where the obligor resides. The most common exception is when the obligor has an existing DCS case. The obligor's new case will be assigned to the office and enforcement officer handling the existing case. Each case is given a Support Enforcement Management System (SEMS) computer number for identification. This SEMS number is the easiest way to identify a case for DCS.

DCS is represented in court primarily by prosecutors. RCW 74.20.040(4), RCW 74.20.210, .220.

Caveat: Although RCW 26.23.130 requires notice to the Attorney General's Office or the prosecutor of any support proceeding in which the state has a financial interest or if you are seeking relief against DCS, local court rules or practice provide that the notice should be given to the prosecutor in almost all counties.

[2] Public Assistance Cases

Individuals who receive public assistance assign their support rights to the state as reimbursement for the assistance they receive. 42 U.S.C. § 608(a)(3); RCW 74.20.330; WAC 388-14A-2030 to -2036. In Washington, a written assignment is executed by the public assistance recipient when cash assistance or TANF is requested. In addition, the assignment...