BILL REQ. #:  S-4780.1 

READ FIRST TIME 02/01/06.   

     AN ACT Relating to child support; amending RCW 26.23.050; adding a new section to chapter 26.18 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   Washington spends significant resources each year on child support services. The legislature intends to acknowledge parents who are fulfilling their noncustodial child support obligation.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.18 RCW to read as follows:
     The department shall:
     (1) Issue to an obligor or noncustodial parent a formal accounting or financial statement, documenting payments and credits for child support, and if applicable, spousal maintenance, at the end of each year, or upon request;
     (2) Award a certificate to those who are in satisfactory or excellent compliance with their noncustodial financial obligations, at the end of each year, or upon request; and
     (3) Keep a record of the certificate, which may be admitted at the court's discretion, as evidence in civil proceedings involving the noncustodial parent.

Sec. 3   RCW 26.23.050 and 2001 c 42 s 3 are each amended to read as follows:
     (1) If the division of child support is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:
     (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;
     (b) A statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of the court order, unless:
     (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or
     (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;
     (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and
     (d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as provided in RCW 74.20A.320.
     As used in this subsection and subsection (((3))) (4) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.
     (2) In order to constitute an application for support enforcement services, the application form on the bottom of the support order referenced in subsection (1) of this section shall include:
     (a) A statement explaining the differences in support services that may be obtained through the division of child support and the option to receive support payments directly from the responsible parent;
     (b) A statement explaining how a party may discontinue receiving support services from the division of child support, including a statement that payments will be required to be made to the Washington state support registry unless the order is changed; and
     (c) The signed and notarized statement of the party stating that he or she understands the level of support services being requested.
     (3) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.
     (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:
     (i) A statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of the court order, unless:
     (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or
     (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and
     (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.
     As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.
     (b) The superior court may order immediate or delayed income withholding as follows:
     (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.
     (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent, after a payment is past due.
     (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the division of child support provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the division of child support's subsequent service of an income withholding notice.
     (((3))) (4) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as provided in RCW 74.20A.320. All administrative orders shall also state that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state without further notice to the responsible parent at any time after entry of the order, unless:
     (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or
     (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.
     (((4))) (5) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that withholding action may be taken against wages, earnings, assets, or benefits if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may not be renewed, or may be suspended, the division of child support may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.
     (((5))) (6) Every support order shall state:
     (a) The address where the support payment is to be sent;
     (b) That withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of a support order, unless:
     (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or
     (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;
     (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;
     (d) The support award as a sum certain amount;
     (e) The specific day or date on which the support payment is due;
     (f) The names and ages of the dependent children;
     (g) A provision requiring the responsible parent to keep the Washington state support registry informed of whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;
     (h) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;
     (i) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW;
     (j) The reasons for not ordering health insurance coverage if the order fails to require such coverage;
     (k) That the responsible parent's privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as provided in RCW 74.20A.320;
     (l) That each parent must:
     (i) Promptly file with the court and update as necessary the confidential information form required by subsection (((7))) (8) of this section; and
     (ii) Provide the state case registry and update as necessary the information required by subsection (((7))) (8) of this section; and
     (m) That parties to administrative support orders shall provide to the state case registry and update as necessary their residential addresses and the address of the responsible parent's employer. The division of child support may adopt rules that govern the collection of parties' current residence and mailing addresses, telephone numbers, dates of birth, social security numbers, the names of the children, social security numbers of the children, dates of birth of the children, driver's license numbers, and the names, addresses, and telephone numbers of the parties' employers to enforce an administrative support order. The division of child support shall not release this information if the division of child support determines that there is reason to believe that release of the information may result in physical or emotional harm to the party or to the child, or a restraining order or protective order is in effect to protect one party from the other party.
     (((6))) (7) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income-withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.
     (((7))) (8) All petitioners and parties to all court actions under chapters 26.09, 26.10, 26.12, 26.18, 26.21, 26.23, 26.26, and 26.27 RCW shall complete to the best of their knowledge a verified and signed confidential information form or equivalent that provides the parties' current residence and mailing addresses, telephone numbers, dates of birth, social security numbers, driver's license numbers, and the names, addresses, and telephone numbers of the parties' employers. The clerk of the court shall not accept petitions, except in parentage actions initiated by the state, orders of child support, decrees of dissolution, or paternity orders for filing in such actions unless accompanied by the confidential information form or equivalent, or unless the confidential information form or equivalent is already on file with the court clerk. In lieu of or in addition to requiring the parties to complete a separate confidential information form, the clerk may collect the information in electronic form. The clerk of the court shall transmit the confidential information form or its data to the division of child support with a copy of the order of child support or paternity order, and may provide copies of the confidential information form or its data and any related findings, decrees, parenting plans, orders, or other documents to the state administrative agency that administers Title IV-A, IV-D, or IV-E of the federal social security act. In state initiated paternity actions, the parties adjudicated the parents of the child or children shall complete the confidential information form or equivalent or the state's attorney of record may complete that form to the best of the attorney's knowledge.