With respect to any arrearages on a support debt assessed under this chapter, the secretary may at any time consistent with the income, earning capacity and resources of the debtor, set or reset a level and schedule of payments to be paid upon a support debt. The secretary may, upon petition of the debtor providing sufficient evidence of hardship, after consideration of the child support schedule adopted under *RCW 26.19.040, release or refund moneys taken pursuant to RCW 74.20A.080 to provide for the reasonable necessities of the responsible parent or parents and minor children in the home of the responsible parent. Nothing in this section shall be construed to require the secretary to take any action which would require collection of less than the obligation for current support required under a superior court order or an administrative order or to take any action which would result in a bar of collection of arrearages from the debtor by reason of the statute of limitations.

NOTES:

*Reviser’s note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8, effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.

Terms Used In Washington Code 74.20A.160

  • Administrative order: means any determination, finding, decree, or order for support pursuant to RCW 74. See Washington Code 74.20A.020
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Responsible parent: means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics. See Washington Code 74.20A.020
  • Secretary: means the secretary of the department of social and health services, the secretary's designee or authorized representative. See Washington Code 74.20A.020
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Superior court order: means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. See Washington Code 74.20A.020
  • Support debt: means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74. See Washington Code 74.20A.020
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