H-2063.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1576
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State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Brown, L. Johnson, Riley, Karahalios, Appelwick, Kessler, Veloria, Ogden, Dunshee, Miller, Ludwig, Cooke, Schmidt, Long, Eide, Cothern, Romero, Johanson and G. Cole)
Read first time 03/03/93.
AN ACT Relating to contempt actions to enforce child support obligations; amending RCW 26.18.040 and 26.18.050; adding a new section to chapter 26.09 RCW; adding a new section to chapter 26.10 RCW; adding a new section to chapter 26.19 RCW; and adding a new section to chapter 26.26 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.18.040 and 1984 c 260 s 4 are each amended to read as follows:
(1) A proceeding to enforce a duty of support is commenced:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing cause number.
(2) Venue for the action is in the superior court of the county where the dependent child resides or is present, where the obligor resides, or where the prior support order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child. A filing fee shall not be assessed in cases brought on behalf of the state of Washington.
(3) The court retains continuing jurisdiction
under this chapter until all duties of support of the obligor, including
arrearages, ((with respect to the dependent child)) have been satisfied.
Sec. 2. RCW 26.18.050 and 1989 c 373 s 22 are each amended to read as follows:
(1) If an obligor fails to comply with a support order, a petition or motion may be filed without notice under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW.
(2) If the court finds there is reasonable cause to believe the obligor has failed to comply with a support order, the court may issue an order to show cause requiring the obligor to appear at a certain time and place for a hearing, at which time the obligor may appear to show cause why the relief requested should not be granted. A copy of the petition or motion shall be served on the obligor along with the order to show cause.
(((2))) (3) Service of the order
to show cause shall be by personal service, or in the manner provided in the
civil rules of superior court or applicable statute.
(((3))) (4) If the order to show
cause served upon the obligor included a warning that an arrest warrant could
be issued for failure to appear, the court may issue a bench warrant for the
arrest of the obligor if the obligor fails to appear on the return date
provided in the order.
(((4))) (5) If the obligor
contends at the hearing that he or she lacked the means to comply with the
support order, the obligor shall establish that he or she exercised due
diligence in seeking employment, in conserving assets, or otherwise in
rendering himself or herself able to comply with the court's order.
(6) As provided in RCW 26.18.040, the court retains continuing jurisdiction under this chapter and may use a contempt action to enforce a support order until the obligor satisfies all duties of support, including arrearages, that accrued pursuant to the support order.
NEW SECTION. Sec. 3. A new section is added to chapter 26.09 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
NEW SECTION. Sec. 4. A new section is added to chapter 26.10 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
NEW SECTION. Sec. 5. A new section is added to chapter 26.19 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
NEW SECTION. Sec. 6. A new section is added to chapter 26.26 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
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