S-623                 _______________________________________________

                                                   SENATE BILL NO. 3222

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Owen, McManus and Hansen

Read first time 1/22/85 and referred to Committee on Judiciary.

AN ACT Relating to visitation rights; and amending RCW 26.09.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 16, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.160 are each amended to read as follows:

(1) If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended((, but he may move the court to grant an appropriate order)) except, upon motion and after hearing, the court may order the suspension of the payment of child support to a custodial parent required by a court order if visitation is not allowed by the custodial parent in compliance with the court order under the following conditions:

(a) The custodial parent is served with a motion and order to show cause setting a hearing, not less than ten days after service of the motion and order, and requiring the custodial parent to appear and show cause why an order suspending support payments should not be entered in accordance with this section;

(b) The obligor parent is current in the child support obligation;

(c) The obligor parent continues to  make full child support payments to the clerk of the court, to be held in trust; and

(d) The child support obligation is not assigned to the state under RCW 74.20.330.

(2) It is a defense to a suspension of child support sought under this section that visitation by the obligor parent would endanger a child's physical, mental, or emotional health.

(3) At any time after the entry of an order suspending support payments under this section, the custodial parent may petition the court for relief from the suspension order.  The court shall grant relief from the suspension order, release the support payments held in trust to the custodial parent, and reinstate the original child support order, if the custodial parent demonstrates compliance with the visitation order and gives adequate assurances of continuing compliance, or proves existence of a violation of one of the conditions set forth in this section.

(4) If relief is not granted from the suspension order within one year of entry, the court may, upon motion of a party, enter an appropriate order disposing of the support moneys held in trust, which may include the release of the moneys to the obligor and relief of the future obligation to pay support.