H-2353.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1859

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Judiciary (originally sponsored by Representative Appelwick; by request of Dept. of Social and Health Services).

Read first time March 6, 1991.  Changing support enforcement provisions.

     AN ACT Relating to child support; amending RCW 26.23.060, 26.23.070, 26.23.100, 74.20.220, 74.20.310, 74.20A.055, 26.23.050, 74.20A.058, 26.09.175, 26.21.230, and 26.23.035; reenacting and amending RCW 26.23.110; adding a new section to chapter 26.23 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 26.19 RCW; and providing an effective date.

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

     Sec. 1.  RCW 26.23.060 and 1989 c 360 s 32 are each amended to read as follows:

     (1) The office of support enforcement may issue a notice of payroll deduction:

(a) As authorized by a support order which contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

(b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

(2) The ((department may)) office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer ((for child support obligations if the responsible parent fails to pay child support as due in an amount equal to or greater than the support payable for one month.  Service shall be)), a person, or organization, whether public or private, in possession of or owing earnings to the responsible parent by personal service or by any form of mail requiring a return receipt.

     (((2))) (3) Service of a notice of payroll deduction upon an employer, person, or organization requires ((an)) the employer, person, or organization to immediately make a mandatory payroll deduction from the responsible ((parent/employee's)) parent's unpaid disposable earnings.  The employer, person, or organization shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month.  The payroll deduction each pay period shall not exceed fifty percent of the responsible ((parent/employee's)) parent's disposable earnings.

     (((3))) (4) A notice of payroll deduction for support shall have priority over any wage assignment ((or)), garnishment, attachment, or other legal process.

     (((4))) (5) The notice of payroll deduction shall be in writing and include:

     (a) The name and social security number of the ((employee)) responsible parent;

     (b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction (( by the employer));

     (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; and

     (d) The address to which the payments are to be mailed or delivered.

     (((5))) (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

     (((6))) (7) An employer, person, or organization who receives a notice of payroll deduction shall make immediate deductions from the ((employee's)) responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the ((employee)) responsible parent is due to be paid.

     (((7))) (8) An employer, person, or organization upon whom a notice of payroll deduction is served, shall make an answer to the ((Washington state support registry)) office of support enforcement within twenty days after the date of service.  The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect.  The answer shall also state whether the responsible parent is employed by or receives earnings from the employer, whether the employer, person, or organization anticipates paying earnings and the amount of earnings.  If the responsible parent is no longer employed, or receiving earnings from the employer, person, or organization the answer shall state the present employer's name and address, if known.

     (((8))) (9) The employer, person, or organization may deduct a processing fee from the remainder of the ((employee's)) responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090.  The processing fee may not exceed: (a) Ten dollars for the first disbursement made ((by the employer)) to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

     (((9))) (10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement ((or)), the court enters an order terminating the notice and approving an alternate payment plan under RCW 26.23.050(2), or one year has expired since the employer, person, or organization has employed the responsible parent or has been in possession of or owing earnings to the responsible parent.

     Sec. 2.  RCW 26.23.070 and 1987 c 435 s 7 are each amended to read as follows:

     (1) The employer, person, or organization may combine amounts withheld from the earnings of more than one ((employee)) responsible parent in a single payment to the Washington state support registry, listing separately the amount of the payment which is attributable to each individual ((employee)).

     (2) No employer, person, or organization who complies with a notice of payroll deduction under this chapter shall be civilly liable to the ((employee)) responsible parent for complying with a notice of payroll deduction under this chapter.

     Sec. 3.  RCW 26.23.100 and 1989 c 360 s 31 are each amended to read as follows:

(1) The responsible parent subject to a payroll deduction pursuant to this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction.

(2) The court may grant relief only upon a showing:  (a) That the payroll deduction causes extreme hardship or substantial injustice; or (b) that the support payment was not past due ((in an amount equal to or greater than the support payable for one month)) under the terms of the order when the notice of payroll deduction was served on the employer.

(3) Satisfaction by the obligor of all past due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction.

(4) If a notice of payroll deduction has been in operation for twelve consecutive months and the ((obliger's)) obligor's support obligation is current, upon motion of the obligor, the court may order the ((Washington state support registry)) office of support enforcement to terminate the payroll deduction, unless the obligee can show good cause as to why the payroll deduction should remain in effect.

(5) Subsection (2) of this section shall not prevent the court from ordering an alternative payment plan as provided under RCW 26.23.050(2).

     Sec. 4.  RCW 74.20.220 and 1979 c 141 s 367 are each amended to read as follows:

     In order to carry out its responsibilities imposed under this chapter and as required by federal law, the state department of social and health services, through the attorney general or prosecuting attorney, is hereby authorized to:

     (1) ((Represent)) Initiate an action in superior court to obtain a support order or obtain other relief related to support for a dependent child ((or dependent children)) on whose behalf the department is providing public assistance ((is being provided in obtaining any support order necessary to provide for his or their needs)) or support enforcement services under RCW 74.20.040, or to enforce ((any such order previously entered)) a superior court order.

     (2) ((Appear as a friend of the court in divorce and separate maintenance suits, or proceedings supplemental thereto, when either or both of the parties thereto are receiving public assistance, for the purpose of advising the court as to the financial interest of the state of Washington therein.

     (3) Appear on behalf of the custodial parent of a dependent child or children on whose behalf public assistance is being provided, when so requested by such parent, for the purpose of assisting such parent in securing a modification of a divorce or separate maintenance decree wherein no support, or inadequate support, was given for such child or children:  PROVIDED, That the attorney general shall be authorized to so appear only where it appears to the satisfaction of the court that the parent is without funds to employ private counsel.  If the parent does not request such assistance, or refuses it when offered, the attorney general may nevertheless appear as a friend of the court at any supplemental proceeding, and may advise the court of such facts as will show the financial interest of the state of Washington therein; but the attorney general shall not otherwise participate in the proceeding))  Appear as a party in dissolution, child support, parentage, maintenance suits, or other proceedings, for the purpose of representing the financial interest and actions of the state of Washington therein.

(3) Petition the court for modification of a superior court order when the office of support enforcement is providing support enforcement services under RCW 74.20.040.

     (4) When the attorney general or prosecuting attorney appears in, defends, or initiates actions to establish, modify, or enforce child support obligations he or she represents the state, the best interests of the child relating to parentage, and the best interests of the children of the state, but does not represent the interests of any other individual.

(5) If public assistance has been applied for or granted on behalf of a child of parents who are divorced or legally separated, the attorney general or prosecuting attorney may apply to the superior court in such action for an order directing either parent or both to show cause:

     (a) Why an order of support for the child should not be entered, or

     (b) Why the amount of support previously ordered should not be increased, or

     (c) Why the parent should not be held in contempt for his or her failure to comply with any order of support previously entered.

     (((5))) (6) Initiate any civil proceedings deemed necessary by the department to secure reimbursement from the parent or parents of minor dependent children for all moneys expended by the state in providing assistance or services to said children.

(7) Nothing in this section limits the authority of the attorney general or prosecuting attorney to use any and all civil and criminal remedies to enforce, establish, or modify child support obligations whether or not the custodial parent receives public assistance.

     Sec. 5.  RCW 74.20.310 and 1979 ex.s. c 171 s 15 are each amended to read as follows:

(1) The provisions of RCW 26.26.090 requiring appointment of a general guardian or guardian ad litem to represent the child in an action brought to determine the parent and child relationship do not apply to actions brought under chapter 26.26 RCW if:

     (((1))) (a) The action is brought by the attorney general on behalf of the department of social and health services((,)) and the child((, or the natural mother)); or

     (((2))) (b) The action is brought by any prosecuting attorney on behalf of the state((,)) and the child((, or the natural mother)) when referral has been made to the prosecuting attorney by the department of social and health services requesting such action.

(2) On the issue of parentage, the attorney general or prosecuting attorney functions as the child's guardian ad litem provided the interests of the state and the child are not in conflict.

(3) The court, on its own motion or on motion of a party, may appoint a guardian ad litem when necessary.

(4) The prosecuting attorney or the attorney general shall notify the parties that they have the right to move the court to appoint a guardian ad litem for the child.

     Sec. 6.  RCW 26.23.110 and 1989 c 360 s 16 and 1989 c 175 s 77 are each reenacted and amended to read as follows:

     (1) The department may serve a notice of support owed on a responsible parent when a support order:

     (a) Does not state the current and future support obligation as a fixed dollar amount; or

     (b) Contains an escalation clause or adjustment provision for which additional information not contained in the order is needed to determine the amount of the accrued debt and/or the current and future obligation.

     (2) The notice of support owed shall facilitate enforcement of the support order and implement and effectuate the terms of the order, rather than modify those terms.  ((When the office of support enforcement issues a notice of support owed, the office shall inform the payee under the order.))

     (3) The notice of support owed shall be served on a responsible parent by personal service or any form of mailing requiring a return receipt.  ((The notice shall contain an initial finding of the amount of current and future support that should be paid and/or the amount of the support debt owed under the support order.

     (4) A)) If the responsible parent ((who)) objects to the amounts stated in the notice the parent has twenty days from the date of the service of the notice to:

(a) File an application for an adjudicative proceeding to contest the notice; or

(b) Initiate an action in superior court to set amounts due and payable under the support order.

     (((5))) (4) The notice shall ((state that the parent may)):

     (a) ((File an application)) Contain an initial finding of the amount owed for current support or the amount of the support debt owed under the support order, or both;

(b) Explain the responsible parent's right to:

(i) Apply for an adjudicative proceeding ((in which the parent will be required to appear and show cause why the amount stated in the notice for current and future support and/or the accrued support debt is incorrect and should not be ordered)); or

     (((b))) (ii) Initiate an action in superior court;

(c) Inform the responsible parent that the payee under the order may also apply for an adjudicative proceeding or initiate an action in superior court as a result of the notice;

(d) Warn the responsible parent of the results if the parent fails to apply for an adjudicative proceeding or participate in such a proceeding scheduled by the department at the request of either the responsible parent or the payee.

(5) After service of the notice of support owed on the responsible parent, the office of support enforcement shall mail to the last known address of the payee under the support order:

(a) A copy of the notice; and

(b) A letter explaining the:

(i) Payee's right to:

(A) Apply for an adjudicative proceeding to object to the amounts stated in the notice;

(B) Participate as a party in an adjudicative proceeding the responsible parent requests to object to the notice; and

(C) Initiate an action in superior court to set the amounts due and payable under the support order; and

(ii) Results if the payee fails to apply for an adjudicative proceeding or participate in such a proceeding scheduled by the department at the request of either the payee or the responsible parent.

(6) The payee who objects to the amounts stated in the notice shall file an application for an adjudicative proceeding or initiate an action in superior court within twenty days of the date the office of support enforcement mails a copy of the notice and letter to the payee.

(7) If the responsible parent ((does not)) and the payee fail to file an application for an adjudicative proceeding or initiate an action in superior court, the amount of current and future support and/or the support debt stated in the notice shall become final and subject to collection action.

     (((7))) (8) If an adjudicative proceeding is requested, the department shall mail a copy of the notice of ((hearing)) the proceeding to the responsible parent and the payee ((under the support order at the payee's last known address. A payee who appears for the hearing shall be allowed to participate.  Participation includes, but is not limited to, giving testimony, presenting evidence, being present for or listening to other testimony offered in the proceeding, and offering rebuttal to other testimony.  Nothing in this section shall preclude the administrative law judge from limiting participation to preserve the confidentiality of information protected by law)).  A party who objects to the notice of support owed shall appear and show cause why the amounts stated in the notice are incorrect and should not be ordered.

     (((8))) (9) If the responsible parent ((does not)) and the payee fail to initiate an action in superior court, and serve notice of the action on the department within the twenty‑day period, ((the responsible parent)) they shall be deemed to have made an election of remedies and shall be required to exhaust administrative remedies under this chapter with judicial review available as provided for in RCW 34.05.510 through 34.05.598.

     (((9))) (10) An administrative order entered ((in accordance with)) under this section shall state the basis, rationale, or formula upon which the amounts established in the order were based.  The amount of current and future support and/or the amount of the support debt determined under this section shall be subject to collection under this chapter and other applicable state statutes.

     (((10))) (11) The department shall ((also provide)) adopt rules providing for:

     (a) An annual review of the support order entered under this section if ((either)) the office of support enforcement, the payee, or the responsible parent requests such a review; and

     (b) A late hearing if the responsible parent or the payee fails to file an application for an adjudicative proceeding in a timely manner under this section.

     (((11))) (12) If an annual review or late hearing is requested under subsection (((10))) (11) of this section, the department shall mail a copy of the notice of hearing to the payee ((at the payee's last known address.  A payee who appears for the proceeding shall be allowed to participate.  Participation includes, but is not limited to, giving testimony, presenting evidence, being present for or listening to other testimony offered in the proceeding, and offering rebuttal to other testimony.  Nothing in this section shall preclude the administrative law judge from limiting participation to preserve the confidentiality of information protected by law)) and the responsible parent.

     Sec. 7.  RCW 74.20A.055 and 1990 1st ex.s. c 2 s 21 are each amended to read as follows:

     (1) The secretary may, in the absence of a superior court order, serve on the responsible parent or parents a notice and finding of financial responsibility requiring a responsible parent or parents to appear and show cause in an adjudicative proceeding why the finding of responsibility and/or the amount thereof is incorrect, should not be finally ordered, but should be rescinded or modified.  This notice and finding shall relate to the support debt accrued and/or accruing under this chapter and/or RCW 26.16.205, including periodic payments to be made in the future ((for such period of time as the child or children of said responsible parent or parents are in need)).  The hearing shall be held pursuant to RCW 74.20A.055, chapter 34.05 RCW, the Administrative Procedure Act, and the rules of the department.

     (2) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the responsible parent by certified mail, return receipt requested.  The receipt shall be prima facie evidence of service.  The notice shall be served upon the debtor within sixty days from the date the state assumes responsibility for the support of the dependent child or children on whose behalf support is sought.  If the notice is not served within sixty days from such date, the department shall lose the right to reimbursement of payments made after the sixty-day period and before the date of notification:  PROVIDED, That if the department exercises reasonable efforts to locate the debtor and is unable to do so the entire sixty-day period is tolled until such time as the debtor can be located.  ((Any responsible parent who objects to all or any part of the notice and finding shall have the right for not more than twenty days from the date of service to file an application for an adjudicative proceeding.  The application shall be served upon the department by registered or certified mail or personally. If no such application is made, the notice and finding of responsibility shall become final, and the debt created therein shall be subject to collection action as authorized under this chapter.  If a timely application is made, the execution of notice and finding of responsibility shall be stayed pending the entry of the final administrative order. If no timely written application has previously been made, the responsible parent may petition the secretary or the secretary's designee at any time for an adjudicative proceeding as provided for in this section upon a showing of good cause for the failure to make a timely application. The filing of the petition for an adjudicative proceeding after the twenty-day period shall not affect any collection action previously taken under this chapter.  The granting of an application after the twenty-day period operates as a stay on any future collection action, pending entry of the final administrative order.  Moneys withheld as a result of collection action in effect at the time of the granting of the application after the twenty-day period shall be delivered to the department and shall be held in trust by the department pending entry of the final administrative order.  The department may petition the presiding or reviewing officer to set temporary current and future support to be paid beginning with the month in which the application after the twenty-day period is granted.  The presiding or reviewing officer shall order payment of temporary current and future support if appropriate in an amount determined pursuant to the child support schedule adopted under RCW 26.19.040.  In the event the responsible parent does not make payment of the temporary current and future support as ordered by the presiding or reviewing officer, the department may take collection action pursuant to chapter 74.20A RCW during the pendency of the adjudicative proceeding or thereafter to collect any amounts owing under the order.  Temporary current and future support paid, or collected, during the pendency of the adjudicative proceeding shall be disbursed to the custodial parent or as otherwise appropriate when received by the department.  If the final administrative order is that the department has collected from the responsible parent other than temporary current or future support, an amount greater than such parent's past support debt, the department shall promptly refund any such excess amount to such parent.

     (3) Hearings may be held in the county of residence or other place convenient to the responsible parent.)) (3) The notice and finding of financial responsibility shall set forth the amount the department has determined the responsible parent owes, the support debt accrued and/or accruing, and periodic payments to be made in the future ((for such period of time as the child or children of the responsible parent are in need, all computable on the basis of the need alleged)).  The notice and finding shall also include:

(a) A statement of the name of the recipient or custodian and the name of the child or children for whom ((need)) support is ((alleged)) sought; ((and/or))

(b) A statement of the amount of periodic future support payments as to which financial responsibility is alleged((.));

     (((4) The notice and finding shall include)) (c) A statement that the responsible parent may object to all or any part of the notice and finding, and file an application for an adjudicative proceeding to show cause why said responsible parent should not be determined to be liable for any or all of the debt, past and future((.));

     ((The notice and finding shall include))

(d) A statement that, if the responsible parent fails in timely fashion to file an application for an adjudicative proceeding, the support debt and payments stated in the notice and finding, including periodic support payments in the future, shall be assessed and determined and ordered by the department and that this debt and amounts due under the notice shall be subject to collection action;

(e) A statement that the property of the debtor, without further advance notice or hearing, will be subject to lien and foreclosure, distraint, seizure and sale, ((or)) order to withhold and deliver, notice of payroll deduction or other collection action to satisfy the debt and enforce the support obligation established under the notice.

(4) A responsible parent who objects to the notice and finding of financial responsibility may file an application for an adjudicative proceeding within twenty days of the date of service of the notice or thereafter as provided under this subsection.  An adjudicative proceeding shall be held in the county of residence or other place convenient to the responsible parent.

(a) If the responsible parent files the application within twenty days, the department shall schedule an adjudicative proceeding to hear the parent's objection and determine the parents' support obligation for the entire period covered by the notice and finding of financial responsibility. The filing of the application stays collection action pending the entry of a final administrative order;

(b) If the responsible parent fails to file an application within twenty days, the notice and finding shall become a final administrative order.  The amounts for current and future support and the support debt stated in the notice are final and subject to collection, except as provided under (c) and (d) of this subsection;

(c) If the responsible parent files the application more than twenty days after, but within one year of the date of service, the department shall schedule an adjudicative proceeding to hear the parents' objection and determine the parent's support obligation for the entire period covered by the notice and finding of financial responsibility.  The filing of the application does not stay further collection action, pending the entry of a final administrative order, and does not affect any prior collection action;

(d) If the responsible parent files the application more than one year after the date of service, the department shall schedule an adjudicative proceeding at which the responsible parent must show good cause for failure to file a timely application.  The filing of the application does not stay future collection action and does not affect prior collection action:

(i) If the presiding officer finds that good cause exists, the presiding officer shall proceed to hear the parent's objection to the notice and determine the parent's support obligation;

(ii) If the presiding officer finds that good cause does not exist, the presiding officer shall treat the application as a petition for prospective modification of the amount for current and future support established under the notice and finding.  In the modification proceeding, the presiding officer shall set current and future support under chapter 26.19 RCW.  The responsible parent need show neither good cause nor a substantial change of circumstances to justify modification of current and future support;

(e) The department shall retain and/or shall not refund support money collected more than twenty days after the date of service of the notice.  Money withheld as the result of collection action shall be delivered to the department.  The department shall distribute such money, as provided in published rules.

     (5) If an application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and responsibility, if any, of the alleged responsible parent and shall also determine the amount of periodic payments to be made in the future, which amount is not limited by the amount of any public assistance payment made to or for the benefit of the child.  If deviating from the child support schedule ((adopted under RCW 26.19.040)) in making these determinations, the presiding or reviewing officer shall ((comply with the provisions set forth in chapter 26.19 RCW)) apply the standards contained in the child support schedule and enter written findings of fact supporting the deviation.

(6) If the responsible parent fails to attend or participate in the hearing or other stage of an adjudicative proceeding, upon a showing of valid service, the presiding officer shall enter an ((initial decision and)) administrative order declaring the support debt and payment provisions stated in the notice and finding of financial responsibility to be assessed and determined and subject to collection action.

     (((6))) (7) The final administrative order establishing liability and/or future periodic support payments shall be superseded upon entry of a superior court order for support to the extent the superior court order is inconsistent with the administrative order((:  PROVIDED, That in the absence of a superior court order, either the responsible parent or the department may petition the secretary or his designee for issuance of an order to appear and show cause based on a showing of good cause and material change of circumstances, to require the other party to appear and show cause why the order previously entered should not be prospectively modified.  Said order to appear and show cause together with a copy of the petition and affidavit upon which the order is based shall be served in the manner of a summons in a civil action or by certified mail, return receipt requested, on the other party by the petitioning party.  Prospective modification may be ordered, but only upon a showing of good cause and material change of circumstances.

     (7) The presiding or reviewing officer shall order support payments under the child support schedule adopted under RCW 26.19.040)).

     (8) Debts determined pursuant to this section, accrued and not paid, are subject to collection action under this chapter without further necessity of action by a presiding or reviewing officer.

     (((9) "Need" as used in this section shall mean the necessary costs of food, clothing, shelter, and medical attendance for the support of a dependent child or children.  The amount determined by reference to the child support schedule adopted under RCW 26.19.040, shall be a rebuttable presumption of the alleged responsible parent's ability to pay and the need of the family:  PROVIDED, That such responsible parent shall be presumed to have no ability to pay child support under this chapter from any income received from aid to families with dependent children, supplemental security income, or continuing general assistance.))

NEW SECTION. Sec. 8.  A new section is added to chapter 26.23 RCW to read as follows:

     The department shall be given twenty calendar days prior notice of the entry of any final order and five days prior notice of the entry of any temporary order in any proceeding involving child support or maintenance if the department has a financial interest based on an assignment of support rights under RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030.  Service of this notice upon the department shall be by personal service on, or mailing by any form of mail requiring a return receipt to, the office of the attorney general.

     Sec. 9.  RCW 26.23.050 and 1989 c 360 s 15 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, the superior court shall include in all superior court orders which establish or modify a support obligation:

     (a) A provision which orders and directs that the responsible parent make all support payments to the Washington state support registry;

     (b) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 RCW or chapter 74.20A RCW may be taken, without further notice to the responsible parent((:

     (i) If a support payment is not paid when due, and an amount equal to or greater than the support payable for one month is owed under an order entered prior to July 1, 1990; or

     (ii))), at any time after entry of the court order ((for orders entered by the court on or after July 1, 1990)), 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 which is approved by the court that provides for an alternate arrangement; and

     (c) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

     (2) The court may order the responsible parent to make payments directly to the person entitled to receive the payments or, for orders entered on or after July 1, 1990, direct that the issuance of a notice of payroll deduction or other income withholding actions be delayed until a support payment is past due if the court approves an alternate payment plan.  The parties to the order must agree to such a plan and the plan must contain reasonable assurances that payments will be made in a regular and timely manner.  The court may approve such a plan and modify or terminate the payroll deduction or other income withholding action at the time of entry of the order or at a later date upon motion and agreement of the parties.  If the order directs payment to the person entitled to receive the payments instead of to the Washington state support registry, the order shall include a statement that the order may be submitted to the registry if a support payment is past due. If the order directs delayed issuance of the notice of payroll deduction or other income withholding action, the order shall include a statement that such action may be taken, without further notice, at any time after a support payment is past due. The provisions of this subsection do not apply if the department is providing public assistance under Title 74 RCW.

     (3) 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 a notice of payroll deduction may be issued, or other income withholding action taken, without further notice to the responsible parent((:

     (a) If a support payment is not paid when due and an amount equal to or greater than the support payable for one month is owed under an order entered prior to July 1, 1990; or

     (b))), at any time after entry of the order ((for administrative orders entered on or after July 1, 1990)), 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 which is approved by the presiding officer that provides for an alternate arrangement.

     (4) 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 a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, the office of support enforcement 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) Every support order shall state:

     (a) That payment shall be made to the Washington state support registry or in accordance with the alternate payment plan approved by the court;

     (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 RCW or chapter 74.20A RCW may be taken, without further notice to the responsible parent((:

     (i) If a support payment is not paid when due and an amount equal to or greater than the support payable for one month is owed under an order entered prior to July 1, 1990; or

     (ii))), at any time after entry of an order by the court ((on or after July 1, 1990)), unless:

(i) The court approves an alternate payment plan under subsection (2) of this section; or

(ii) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

(iii) The parties reach a written agreement which 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 social security number, residence address, and name of employer of the responsible parent;

     (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

     (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

     (i) That the parties are to notify the Washington state support registry of any change in residence address;

     (j) 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;

     (k) That if proof of health insurance coverage 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; and

     (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage.

     (6) The physical custodian's address shall be omitted from an order entered under the administrative procedure act.  A responsible parent whose support obligation has been determined by such administrative order may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120.

     (7)  The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry.  If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due.  The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

     (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who are not recipients of public assistance is deemed to be a request for support enforcement services under RCW 74.20.040 to the fullest extent permitted under federal law.

     (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry in accordance with subsection (1), (((2), or (3))) (3), or (4) of 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.  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.

NEW SECTION. Sec. 10.  A new section is added to chapter 74.20A RCW to read as follows:

     (1) The department, the physical custodian, or the responsible parent may petition for a prospective modification of a final administrative order if:

     (a) The administrative order has not been superseded by a superior court order; and

     (b) There has been a substantial change of circumstances, except as provided under RCW 74.20A.055(4)(d).

     (2) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances:

     (a) If the order in practice works a severe economic hardship on either party or the child; or

     (b) If a party requests an adjustment in an order for child support that was based on guidelines which determined the amount of support according to the child's age, and the child is no longer in the age category on which the current support amount was based; or

     (c) If a child is a full-time student and reasonably expected to complete secondary school or the equivalent level of vocational or technical training before the child becomes nineteen years of age upon a finding that there is a need to extend support beyond the eighteenth birthday.

     (3) An order may be modified without showing a substantial change of circumstances if the requested modification is to:

     (a) Require health insurance coverage for a child covered by the order; or

     (b) Modify an existing order for health insurance coverage.

     (4) Support orders may be adjusted once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances.

     (5) An obligor's voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.

     (6) The department shall file the petition and a supporting affidavit with the secretary or the secretary's designee when the department petitions for modification.

     (7) The responsible parent or the physical custodian shall follow the procedures in this chapter for filing an application for an adjudicative proceeding to petition for modification.

     (8) Upon the filing of a proper petition or application, the secretary or the secretary's designee shall issue an order directing each party to appear and show cause why the order should not be modified.

     (9) If the presiding or reviewing officer finds a modification is appropriate, the officer shall modify the order and set current and future support under chapter 26.19 RCW.

     Sec. 11.  RCW 74.20A.058 and 1989 c 55 s 5 are each amended to read as follows:

     ((If an adjudicative proceeding is requested by an alleged father under RCW 74.20A.056, the department shall mail a copy of the notice of hearing to the mother at her last known address.  If the mother appears for the proceeding, she shall be allowed to participate in it.  Participation includes giving testimony, and being present for or listening to other testimony offered in the proceeding. Nothing in this section shall preclude the administrative law judge from limiting participation to preserve the confidentiality of information protected by law.))

(1) The office of support enforcement shall serve a copy of the notice and finding of financial or parental responsibility on the custodian after service of the notice and finding on the responsible parent.

(2) The office of support enforcement shall serve the notice on the custodian by mailing a copy of the notice and a letter of explanation by first class mail to the parent's last known address.  The letter shall contain the following information:

(a) The custodian's right to object to the notice; and

(b) The consequences if the custodian defaults.

(3) The custodian may apply for an adjudicative proceeding to object to the notice or a proposed settlement on the notice.  The custodian has twenty days from the date notice was given to the custodian to apply for an adjudicative proceeding to contest:

(a) A notice and finding of financial or parental responsibility; or

(b) A proposed settlement on the notice.

(4) The custodian may:

(a) Participate as a party in an adjudicative proceeding scheduled by the department on a notice and finding of financial or parental responsibility; and

(b) Apply for an adjudicative proceeding after the twenty days on the same grounds as the responsible parent or alleged father.

     Sec. 12.  RCW 26.09.175 and 1990 1st ex.s. c 2 s 3 are each amended to read as follows:

     (1) A proceeding for the modification of an order of child support shall commence with the filing of a petition((, a supporting financial affidavit,)) and worksheets.  The petition ((and affidavit)) shall be in substantially the form prescribed by the administrator for the courts.  There shall be a fee of twenty dollars for the filing of a petition for modification of dissolution.

     (2) The petitioner shall serve upon the other party the summons, a copy of the petition ((and affidavit, and a blank copy of a financial affidavit)), and the worksheets in the form prescribed by the administrator for the courts.  If the modification proceeding is the first action filed in this state, service shall be made by personal service.  If the decree to be modified was entered in this state, service shall be by personal service or by any form of mail requiring a return receipt.  If the support obligation has been assigned to the state pursuant to RCW 74.20.330 ((and notice has been filed with the court)) or the state has a subrogated interest under RCW 74.20A.030, the summons, petition, ((affidavit,)) and worksheets shall also be served on the attorney general.  Proof of service shall be filed with the court.

     (3) The responding party's answer ((and completed financial affidavit)) and worksheets shall be served and the answer filed within twenty days after service of the petition or sixty days if served out of state.  The responding party's failure to file an answer within the time required shall result in entry of a default judgment for the petitioner.

     (4) At any time after responsive pleadings are filed, either party may schedule the matter for hearing.

     (5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection (6) of this section, a petition for modification of an order of child support shall be heard by the court on affidavits, the petition, answer, and worksheets only.

     (6) A party seeking authority to present oral testimony on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of hearing.  Affidavits and exhibits setting forth the reasons oral testimony is necessary to a just adjudication of the issues shall accompany the petition.  The affidavits and exhibits must demonstrate the extraordinary features of the case.  Factors which may be considered include, but are not limited to:  (a) Substantial questions of credibility on a major issue; (b) insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony.

     (7) The administrator for the courts shall develop and prepare, in consultation with interested persons, model forms or notices for the use of the procedure provided by this section, including a notice advising of the right of a party to proceed with or without benefit of counsel.

NEW SECTION. Sec. 13.  A new section is added to chapter 74.20A RCW to read as follows:

     When providing support enforcement services, the office of support enforcement may take action, under this chapter and chapter 26.23 RCW, against a responsible parent's property of any kind, including but not limited to earnings, located in, or subject to the jurisdiction of, the state of Washington regardless of the presence or residence of the responsible parent.  If the responsible parent resides in another state or country, the office of support enforcement shall serve a notice under RCW 74.20A.040 more than sixty days before taking collection action.

NEW SECTION. Sec. 14.  A new section is added to chapter 74.20 RCW to read as follows:

     When the department appears or participates in an adjudicative proceeding under chapter 26.23 or 74.20A RCW it shall:

     (1) Act in furtherance of the state's financial interest in the matter and the best interests of the children of the state;

     (2) Facilitate the resolution of the controversy; and

     (3) Make independent recommendations to ensure the integrity and proper application of the process.

     In these proceedings the department does not act on behalf or as an agent or representative of any individual.

NEW SECTION. Sec. 15.  A new section is added to chapter 26.19 RCW to read as follows:

     The administrator for the courts shall review the support schedule every four years to determine if the application of the support schedule results in appropriate support orders.  The administrator for the courts shall report findings regarding the application of the schedule to the legislature.  Upon the review and approval of the office of financial management, the department of social and health services shall pay the reasonable and necessary costs of this review process.

     Sec. 16.  RCW 26.21.230 and 1963 c 45 s 30 are each amended to read as follows:

     The obligee, the prosecuting attorney, or the attorney general may register the foreign support order in a court of this state in the manner((, with the effect and for the purposes herein)) provided for in this chapter for the purpose of modification and enforcement of the support provisions.  The court shall only have jurisdiction to consider the child support provisions of the order.  The modification shall be pursuant to RCW 26.09.170 and 26.09.175.

     Sec. 17.  RCW 26.23.035 and 1989 c 360 s 34 are each amended to read as follows:

     (1) ((The child support registry shall distribute all moneys received in compliance with 42 U.S.C. Sec. 657.  Support received by the office of support enforcement shall be distributed promptly but not later than eight days from the date of receipt unless circumstances exist which make such distribution impossible.  Such circumstances include when:  (a) The location of the custodial parent is unknown; (b) the child support debt is in litigation; or (c) the responsible parent or custodial parent cannot be identified.  When, following termination of public assistance, the office of support enforcement collects support, all moneys collected up to the maximum of the support due for the period following termination from public assistance shall, to the extent permitted by federal law, be paid to the custodial parent before any distribution to the office of support enforcement under federal law.  This section shall not apply to support collected through intercepting federal tax refunds under 42 U.S.C.  Sec. 664.  When a responsible parent has more than one support obligation, or a support debt is owed to more than one party, moneys received will be distributed between the parties proportionally, based upon the amount of the support obligation and/or support debt owed.))  The department of social and health services shall adopt rules for the distribution of support money collected by the office of support enforcement.  These rules shall:

(a) Comply with 42 U.S.C. Sec. 657;

(b) Direct the office of support enforcement to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution:

(i) The location of the custodial parent is unknown;

(ii) The support debt is in litigation;

(iii) The office of support enforcement cannot identify the responsible parent or the custodial parent;

(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more families or family units; and

(d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the family before the debt owed to the state when the family stops receiving a public assistance grant.

     (2) The office of support enforcement may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee's consent.  The payee may file an application for an adjudicative proceeding to challenge distribution to such other person.  Prior to distributing support payments to any person other than the payee, the registry shall:

     (a) Obtain a written statement from the child's physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee's consent;

     (b) Mail to the responsible parent and to the payee at the payee's last known address a copy of the physical custodian's statement and a notice which states that support payments will be sent to the physical custodian; and

     (c) File a copy of the notice with the clerk of the court that entered the original support order.

     (3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate.  Any set-off against future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected as current support.

NEW SECTION. Sec. 18.       Section 11 of this act shall take effect January 1, 1992.