H-0984.1 _______________________________________________
HOUSE BILL 1576
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
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 02/01/93. Referred to Committee on Judiciary.
AN ACT Relating to contempt actions to enforce child support obligations; amending RCW 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 26.18.050 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. A contempt action is a remedy to collect child support under any child support obligation established pursuant to this chapter, chapter 26.09, 26.10, 26.19, 26.21, 26.26, 74.20, or 74.20A RCW, or other appropriate statutes or common law of this or another state. A contempt action may be commenced to collect court-ordered child support for a minor dependent child, for an adult dependent child for whom a duty of support is owed including child support for postsecondary education ordered pursuant to RCW 26.19.090, and for delinquent support that accrued pursuant to a court order while the child was a dependent child even if the child is no longer dependent.
(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.
NEW SECTION. Sec. 2. 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 child support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
NEW SECTION. Sec. 3. 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 child 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 26.19 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a child 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 26.26 RCW to read as follows:
In addition to any other collection remedies provided by law, a contempt action to collect a child support obligation established under this chapter may be commenced as provided in RCW 26.18.050.
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