H-2828

AN ACT Relating to domestic relations; amending RCW 26.09.010, 26.09.015, 26.09.080, 26.09.090, 26.09.100, 26.09.160, 26.09.170, 26.09.175, 26.09.184, 26.09.225, 26.09.280, 26.12.010, 26.12.060, 26.12.170, 26.12.190, 26.12.220, 26.18.070, 26.18.100, 26.18.110, 26.18.140, 26.19.020, 26.19.090, 26.21.230, 26.23.035, 26.23.050, 26.23.060, 26.23.070, 26.23.100, 74.20.220, 74.20.310, 74.20A.055, and 74.20A.058; reenacting and amending RCW 26.09.260 and 26.23.110; adding new sections to chapter 26.12 RCW; adding new sections to chapter 26.19 RCW; adding a new section to chapter 26.23 RCW; adding a new section to chapter 74.20 RCW; adding new sections to chapter 74.20A RCW; creating new sections; repealing RCW 26.12.090, 26.12.100, 26.12.110, 26.12.120, 26.12.130, 26.12.140, 26.12.150, 26.12.180, 26.12.200, 26.12.210, 26.19.010, 26.19.040, 26.19.060, 26.19.070, 26.19.080, and 26.19.110; prescribing penalties; and providing effective dates.

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

Sec. 1. RCW 26.09.010 and 1989 c 375 s 1 are each amended to read as follows:

(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.

(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage shall be entitled "In re the marriage of .......... and ..........." Such proceeding ((~~may~~)) shall be filed in the superior court of the county where the petitioner or respondent resides. Upon motion and hearing before the superior court of the county where the proceeding is filed, the court may waive venue in that county for good cause shown.

(3) In cases where there has been no prior proceeding in this state involving the marital status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of ..........." Such proceeding shall be filed in the superior court of the county where the petitioner or respondent resides. Upon motion and hearing before the superior court of the county where the proceeding is filed, the court may waive venue in that county for good cause shown.

(4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

(5) In this chapter, "decree" includes "judgment".

(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.

Sec. 2. RCW 26.09.015 and 1989 c 375 s 2 are each amended to read as follows:

(1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.

(2) Each superior court may make available a mediator. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court.

(3) Mediation proceedings shall be held in private and shall be confidential. The mediator shall not testify as to any aspect of the mediation proceedings. This subsection shall not apply to postdecree mediation required pursuant to a parenting plan.

(4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.

(5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.

((~~(6) This section shall not apply to postdecree mediation required pursuant to a parenting plan.~~))

Sec. 3. RCW 26.09.080 and 1989 c 375 s 5 are each amended to read as follows:

In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage; ((~~and~~))

(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time; and

(5) The past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse that was enhanced, diminished, or foregone during marriage.

If the governor vetoes section 10, 27, 31, 32, or 52 of this act, this section shall be null and void.

Sec. 4. RCW 26.09.090 and 1989 c 375 s 6 are each amended to read as follows:

((~~(1)~~)) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

((~~(a)~~)) (1) The financial resources of the party seeking maintenance, including separate or community property apportioned to ((~~him~~)) the party, and ((~~his~~)) the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

((~~(b)~~)) (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;

((~~(c)~~)) (3) The standard of living established during the marriage;

((~~(d)~~)) (4) The duration of the marriage;

((~~(e)~~)) (5) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; ((~~and~~

~~(f)~~)) (6) Past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse that was enhanced, diminished, or foregone during marriage;

(7) The standard of living each spouse will experience after dissolution of the marriage; and

(8) The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance.

If the governor vetoes section 10, 27, 31, 32, or 52 of this act, this section shall be null and void.

Sec. 5. RCW 26.09.100 and 1990 1st ex.s. c 2 s 1 are each amended to read as follows:

(1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors but without regard to marital misconduct, the court shall order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay an amount determined under chapter 26.19 RCW.

(2) The court may require periodic ((~~adjustments~~)) modifications of child support. Any decree requiring periodic modifications of child support shall use the provisions in chapter 26.19 RCW as the basis for the modification. Any decree requiring periodic modification of child support that uses a basis for modification other than chapter 26.19 RCW shall be void. Provisions in the decree for periodic modification shall not conflict with RCW 26.09.170 except that the decree may require periodic modifications of support more frequently than the time periods established pursuant to RCW 26.09.170. The ((~~adjustment~~)) automatic modification provision may be modified by the court due to economic hardship consistent with the provisions of RCW 26.09.170(4)(a).

Sec. 6. RCW 26.09.160 and 1989 c 318 s 1 are each amended to read as follows:

(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. 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 contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, ((~~may~~)) shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

(2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

(b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court ((~~may~~)) shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

(i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

(ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

(iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

(3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall order:

(a) The noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

(b) The noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days.

(4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

(5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

(6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

(7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.

Sec. 7. RCW 26.09.170 and 1990 1st ex.s. c 2 s 2 are each amended to read as follows:

(1) Except as otherwise provided in subsection (7) of RCW 26.09.070 and subsection (10) of this section, the provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the filing of the motion for modification and, except as otherwise provided in subsections (4), (5), ((~~and~~)) (8), (9), and (10) of this section, only upon a showing of a substantial change of circumstances. Any modification granted shall be effective as of the date of the filing of the motion. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. An increase in the wage or salary of a parent who is receiving support transfer payments as defined in section 26 of this act is not a substantial change in circumstances.

(2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child.

(4) Unless a decree provides for more frequent modifications of child support as provided in RCW 26.09.100, 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;

(b) If a party requests ((~~an adjustment~~)) a modification in an order for child support which 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;

(c) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or

(d) To add ((an)) automatic ((~~adjustment~~)) modification of support provisions ((~~consistent with~~)) as provided in RCW 26.09.100.

(5) An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to:

(a) Require health insurance coverage for a child named therein; or

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

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

(7) The department of social and health services may file an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and the child support order is twenty-five percent or more below the ((~~appropriate~~)) presumptive child support amount set forth in the standard calculation as defined in section ((~~4(2)~~)) 26 of this act and reasons for the deviation are not set forth in the findings of fact or order. The determination of twenty-five percent or more shall be based on the current income of the parties and the department shall not be required to show a substantial change of circumstances if the reasons for the deviations were not set forth in the findings of fact or order.

(8)(a) ((~~Except as provided in (b) and (c) of this subsection,~~)) Unless a decree provides for more frequent modification of child support as provided in RCW 26.09.100, all decrees entered on, before, or after September 1, 1991, that contain orders regarding child support ((~~decrees~~)) may be ((~~adjusted~~)) modified once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either party may initiate the modification pursuant to procedures of RCW 26.09.175.

(b) All decrees entered on, before, or after September 1, 1991, may be modified based upon changes in the child support schedule established in chapter 26.19 RCW without a substantial change in circumstances. Parents whose decrees are entered on, before ((~~the effective date of this act~~)), or after the effective date of this section may petition the court for a modification based on the changes in the child support schedule after twelve months has expired from the entry of the decree or the most recent modification setting child support, whichever is later. However, if a party is granted relief under this provision, twenty-four months must pass before another petition for modification may be filed pursuant to (a) of this subsection.

(c) A party may petition for modification in cases of substantially changed circumstances, under subsection (1) of this section, at any time. However, if relief is granted under subsection (1) of this section, twenty-four months must pass before a petition for modification under (a) of this subsection may be filed.

(d) If, pursuant to (a) and (b) of this subsection, the court modifies a child support obligation by more than thirty percent and the change would cause significant hardship, the court may implement the change in two equal increments, one at the time of the entry of the order and the second six months from the entry of the order. Twenty-four months must pass following the second change before a petition for modification under (a) of this subsection may be filed.

(((e) A parent who is receiving transfer payments who receives a wage or salary increase may not bring a modification action pursuant to (a) of this subsection alleging that increase constitutes a substantial change of circumstances under subsection (1) of this section.))

(9) Any decree, separation agreement, contract, or other agreement that conflicts with RCW 26.09.170(8) shall, upon motion of a party, be modified to conform to the requirements of RCW 26.09.170(8).

(10) A parent obligated to pay support, who was on active duty for the United States military for the "Desert Shield" or "Desert Storm" operations of the United States war with Iraq, may bring a motion for modification of child support without a substantial change of circumstances for purposes of a retroactive adjustment of child support commencing from the beginning of the active duty until the date the parent was no longer on active duty. The parent must bring the motion for modification within ninety days of the end of the parent's active duty. The motion for modification may only be granted if the parent's income or resources were reduced while on active duty. Any modification granted that reduces child support during the parent's term of active duty shall be a prospective credit against future child support payments in an amount and over a period of time as determined in the court's discretion.

Sec. 8. 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.

Sec. 9. RCW 26.09.184 and 1989 c 375 s 9 are each amended to read as follows:

(1) OBJECTIVES. The objectives of the permanent parenting plan are to:

(a) Provide for the child's physical care;

(b) Maintain the child's emotional stability;

(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;

(d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191;

(e) Minimize the child's exposure to harmful parental conflict;

(f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

(g) To otherwise protect the best interests of the child consistent with RCW 26.09.002.

(2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child.

(3) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by RCW 26.09.187 or 26.09.191. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In the dispute resolution process:

(a) Preference shall be given to carrying out the parenting plan;

(b) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;

(c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party;

(d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing parent;

(e) The parties have the right of review from the dispute resolution process to the superior court; and

(f) The provisions of (a) through (e) of this subsection shall be set forth in the decree.

(4) ALLOCATION OF DECISION-MAKING AUTHORITY.

(a) The plan shall allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in RCW 26.09.187 and 26.09.191. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.

(b) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.

(c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process.

(5) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in RCW 26.09.187 and 26.09.191.

(6) PARENTS' OBLIGATION UNAFFECTED. If a parent fails to comply with a provision of a parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision in a parenting plan or a child support order may result in a finding of contempt of court, under RCW 26.09.160.

(7) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan shall set forth the provisions of subsections (3) (a) through (c), (4) (b) and (c), and (6) of this section.

Sec. 10. RCW 26.09.225 and 1990 1st ex.s. c 2 s 18 are each amended to read as follows:

(1) Each parent shall have full and equal access to the education ((~~and health care~~)) records of the child absent a court order to the contrary. Educational records include records of public and private schools in all grades kindergarten through twelve and any form of alternative school or postsecondary educational institution for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records. Neither parent may veto the access requested by the other parent and neither parent nor child nor any educational institution may assert a privilege on behalf of the child.

(2) Each parent shall have full and equal access to the health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent and neither parent nor child nor health care provider may assert a privilege on behalf of the child.

Sec. 11. RCW 26.09.260 and 1989 c 375 s 14 and 1989 c 318 s 3 are each reenacted and amended to read as follows:

(1) Except as otherwise provided in subsection (4) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.

(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

((~~(2)~~)) (3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.

((~~(3)~~)) (4) The court may order adjustments to a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a:

(a) Modification in the dispute resolution process; or

(b) Minor modification in the residential schedule that:

(i) Does not change the residence the child is scheduled to reside in the majority of the time; and

(ii) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or

(iii) Is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow.

(5) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.

Sec. 12. RCW 26.09.280 and 1987 c 460 s 20 are each amended to read as follows:

((~~Hereafter~~)) Every action or proceeding to change, modify, or enforce any final order, judgment, or decree ((~~heretofore or hereafter~~)) entered in any dissolution or legal separation or declaration concerning the validity of a marriage, whether under this chapter or prior law, ((~~in relation to~~)) regarding the parenting plan or child support for the minor children of the marriage may be brought in the county where ((~~said~~)) the minor children are then residing, or in the court in which ((~~said~~)) the final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the ((~~said~~)) children is then residing.

Sec. 13. RCW 26.12.010 and 1983 c 219 s 1 are each amended to read as follows:

Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.

Sec. 14. RCW 26.12.060 and 1988 c 232 s 4 are each amended to read as follows:

The ((~~family~~)) court commissioners shall: (1) ((~~Receive all applications and complaints filed in the family court for the purpose of disposing of them pursuant to this chapter~~)) Make appropriate referrals to county family court services program if the county has a family court services program; (2) ((~~investigate~~)) order investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings ((~~filed in or transferred to the family court pursuant to~~)) under this chapter; (3) ((~~for the purpose of this chapter,~~)) exercise all the powers and perform all the duties of ((~~regular~~)) court commissioners; (4) ((~~hold conciliation conferences with parties to and hearings in proceedings under this chapter and~~)) make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide ((~~such~~)) supervision ((~~in connection with~~)) over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause ((~~such~~)) other reports to be made and records kept as will indicate the value and extent of ((~~such conciliation service~~)) reconciliation, mediation, investigation, and treatment services; and (8) conduct hearings under chapter 13.34 RCW as provided in RCW 13.04.021.

Sec. 15. RCW 26.12.170 and 1983 c 219 s 5 are each amended to read as follows:

((~~The hearing shall be conducted informally as a conference or series of conferences to effect the reconciliation of the parties or an amicable adjustment or settlement of the issues of the controversy.~~)) To facilitate and promote the purposes of this chapter, ((~~the~~)) family court judges and court commissioners may order or recommend family court services, drug and alcohol abuse evaluations and monitoring of the parties through public or private treatment services, other treatment services, the aid of physicians, psychiatrists, ((or)) other specialists, or other services or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong. ((Such aid, however, shall be at the expense of the parties involved and shall not be at the expense of the court or of the county unless the board of county commissioners shall specifically authorize such aid.))

If the court has reasonable cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW 26.44.040. Upon receipt of such a report the law enforcement agency or the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.17.310(3). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations.

Sec. 16. RCW 26.12.190 and 1983 c 219 s 7 are each amended to read as follows:

(1) ((During the period of thirty days after filing a petition for conciliation no family law proceeding shall be filed by either party and further proceedings in a family law proceeding then pending in the superior court shall be stayed and the case transferred to the family court.)) The family court shall have jurisdiction and full power in all pending cases to make, alter, modify, and enforce all temporary and permanent orders((~~, orders for~~)) regarding the following: Parenting plans, child support, custody of children, visitation, possession of property, maintenance, contempt, custodial interference, and orders for attorneys' fees, suit money or costs as may appear just and equitable. Court commissioners or judges shall not have authority to require the parties to mediate disputes concerning child support.

(2) ((If, after the expiration of such thirty day period or the formal conclusion of the proceedings for conciliation, the controversy between the parties has not been terminated, either party may apply for further relief by filing in the clerk's office additional pleadings or by asking that the pending case be set for trial. The family court has full jurisdiction to hear, try, and determine family law proceedings under the laws relating thereto, and to retain jurisdiction of the case for further hearings on decrees or orders to be made therein.

(3) The conciliation provisions of this chapter may be used concerning support, visitation, contempt, or for modification based on changed conditions or for other problems between the parties related to the family law proceeding.

(4) Except as specifically so provided nothing in this chapter shall be construed to repeal, nullify or change the law and procedure relating to family law proceedings. The family court shall, when application for relief is made under this chapter, apply provisions governing family law proceedings in the same manner as if the action had been brought thereunder in the superior court, save that the conciliation procedures of the family court shall be applied so far as appropriate to arrive at an amicable settlement of all issues in controversy)) Family court investigation, evaluation, mediation, treatment, and conciliation services, and any other services may be used to assist the court to develop an order as the court deems necessary to preserve the marriage, implement an amicable settlement, and resolve the issues in controversy.

Sec. 17. RCW 26.12.220 and 1980 c 124 s 1 are each amended to read as follows:

(1) The legislative authority of any county may authorize family court services as provided in RCW 26.12.230. The legislative authority may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license((~~: PROVIDED, That such~~)). The fee shall not exceed eight dollars.

(2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee increase authorized by this section to pay the expenses of the family court and the family court services under chapter 26.12 RCW. If there is no family court in the county, the legislative authority may provide such services through other county agencies or may contract with a public or private agency or person to provide such services. Family court services also may be provided jointly with other counties as provided in RCW 26.12.230.

(3) The family court services program may hire professional employees to provide the investigation, evaluation and reporting, and mediation services, or the county may contract for these services, or both. To facilitate and promote the purposes of this chapter, the court may order or recommend the aid of physicians, psychiatrists, or other specialists.

(4) The family court services program may provide or contract for: (a) Mediation; (b) investigation, evaluation, and reporting to the court; and (c) reconciliation; and may provide a referral mechanism for drug and alcohol testing, monitoring, and treatment; and any other treatment, parenting, or anger management programs the family court professional considers necessary or appropriate.

(5) Services other than family court investigation, evaluation, and mediation services shall be at the expense of the parties involved absent a court order to the contrary. The parties shall bear all or a portion of the family court investigation, evaluation, and mediation services according to the parties' ability to pay.

(6) The county legislative authority may establish rules of eligibility for ((~~conciliation~~)) the family court services funded under this section ((~~so long as its~~)). The rules ((do)) shall not conflict with rules of the court adopted under chapter 26.12 RCW or any other statute.

((~~(4)~~)) (7) The legislative authority may establish fees for family court investigation, evaluation, and mediation services under this chapter according to the parties' ability to pay for the services. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.

NEW SECTION. Sec. 18. The family court shall give proceedings involving children priority over cases without children.

NEW SECTION. Sec. 19. The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian is in the best interests of the child in any proceeding under this chapter. The family court services professionals shall make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority.

NEW SECTION. Sec. 20. All acts and proceedings of the court commissioners shall be subject to revision by the superior court as provided in RCW 2.24.050.

NEW SECTION. Sec. 21. (1) Any state funds appropriated in the omnibus operating budget appropriations act for the 1991-93 biennium to the office of the administrator for the courts for the purposes of funding county family courts and county family court services shall be distributed to the eligible counties as provided in this section.

(2) Any appropriation in the omnibus operating budget appropriations act for the purposes of implementing this section is contingent on an equal amount of money being provided by the county from nonstate sources, whether public or private.

(3) Any county that has implemented or has committed to implement a family court and family court services on or before January 1, 1993, is eligible for available appropriated state funds if the county: (a) Obtains approval of an application under subsection (4) of this section; and (b) commits to spend money from public or private nonstate funding sources over a one-year period beginning on the date the county receives state funding, in an amount that is equal to or greater than the state funds distributed to the county under subsection (4) of this section. Any state funding is contingent on the county maintaining the family court and the family court services over the one-year period after disbursement of state funds to the county.

(4) The office of the administrator for the courts shall accept applications for state funds until March 1, 1992. After the application period expires, the office of the administrator for the courts shall determine each eligible county's percentage of the funds appropriated for family courts and family court services. An eligible county's percentage share of the appropriated funds shall be the same percentage as the number of cases filed in that county under Title 26 RCW, divided by the number of cases filed under Title 26 RCW in all the eligible counties. The initial determination of the number of case filings in each eligible county shall be based upon the office of the administrator for the courts' most recent annual report. The office of the administrator for the courts shall adjust the calculation of the number of filings in each county if any county has a disproportionate number of filings due to changes of venue or cases in which both parties live in another county. The office of the administrator for the courts may begin disbursing the state funds by July 1, 1992, to eligible counties. The office of the administrator for the courts shall disburse the state funds not later than January 1, 1993, to eligible counties. The counties must use the state funds over a one‑year period from the date of disbursement. The counties that provide family courts and family court services pursuant to a joint family court services contract under RCW 26.12.230 may apply for state funds jointly and their eligibility for state funding shall be determined in the same manner as the eligibility of individual counties.

(5) The office of the administrator for the courts shall develop an application form for applying for state funds under this subsection. The office of the administrator for the courts shall develop rules to determine whether a county applying for state funds (a) has implemented or has committed to implement a family court and family court services under this chapter; (b) has committed nonstate funds for a one-year period following disbursement of the state funds to continue the family court and the family court services through that one-year period; and (c) has spent the matching funds required to obtain the state funds.

Sec. 22. RCW 26.18.070 and 1987 c 435 s 18 are each amended to read as follows:

(1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is ((~~more than fifteen days~~)) past due in child support payments in an amount equal to or greater than the support payable for one month. The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

(a) That the obligor, stating his or her name and residence, is ((~~more than fifteen days~~)) past due in child support payments in an amount equal to or greater than the support payable for one month;

(b) A description of the terms of the support order requiring payment of support, and the amount past due;

(d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor ((~~at least fifteen days~~)) prior to the obligee seeking a mandatory wage assignment, unless the order for support states that the obligee may seek a mandatory wage assignment without notice to the obligor; and

(e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

(2) If the court in which a mandatory wage assignment is sought does not already have a copy of the support order in the court file, then the obligee shall attach a copy of the support order to the petition or motion seeking the wage assignment.

Sec. 23. RCW 26.18.100 and 1989 c 416 s 10 are each amended to read as follows:

The wage assignment order shall be substantially in the following form:

IN THE SUPERIOR COURT OF THE STATE OF

WASHINGTON IN AND FOR THE COUNTY OF

....................

...................,

Obligee No....................

vs.

..................., WAGE ASSIGNMENT

Obligor ORDER

...................,

Employer

THE STATE OF WASHINGTON TO: ................................

Employer

AND TO: ....................................................

Obligor

The above-named obligee claims that the above-named obligor is ((~~more than fifteen days~~)) past due in child support payments in an amount equal to or greater than the child support payable for one month. The amount of the accrued child support debt as of this date is .......... dollars, the amount of arrearage payments specified in the support order (if applicable) is .......... dollars per .........., and the amount of the current and continuing support obligation under the support order is .......... dollars per ...........

You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

If you possess any earnings due and owing to the obligor, then you shall do as follows:

(1) Withhold from the obligor's earnings each month, or from each regular earnings disbursement, the lesser of:

(a) The sum of the accrued support debt and the current support obligation;

(b) The sum of the specified arrearage payment amount and the current support obligation; or

(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

(3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings and remit to the Washington state support registry the proper amounts at each regular pay interval.

You shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by:

(a) The court that the wage assignment has been modified or terminated; ((or))

(b) The Washington state support registry, office of support enforcement that the accrued child support debt has been paid; or

(c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2).

You shall promptly notify the court and the Washington state support registry if and when the employee is no longer employed by you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or your are no longer in possession of any earnings owed to the employee. You shall continue to hold the wage assignment order during that one-year period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period.

You shall deliver the withheld earnings to the Washington state support registry at each regular pay interval((~~, but the first delivery shall occur no sooner than twenty days after your receipt of this wage assignment order~~)).

You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold or deliver under chapter 74.20A RCW.

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER.

DATED THIS ... day of ..., 19 ....

----------------------------------------------------------------

Obligee, Judge/Court, Commissioner

or obligee's attorney

Sec. 24. RCW 26.18.110 and 1989 c 416 s 11 are each amended to read as follows:

(1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple child support attachments against the obligor.

(2) If the employer possesses any earnings due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the Washington state support registry at each regular pay interval((~~, but the first delivery shall occur no sooner than twenty days after receipt of the wage assignment order~~)).

(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by:

(a) The court that the wage assignment has been modified or terminated; ((or))

(b) The Washington state support registry that the accrued child support debt has been paid, provided the wage assignment order contains the language set forth under RCW 26.18.100(2)(b). The employer shall promptly notify the Washington state support registry when the employee is no longer employed. If the employer no longer employs the employee, the wage assignment order shall remain in effect for one year after the employee has left the employment or the employer has been in possession of any earnings owed to the employee. The employer shall continue to hold the wage assignment order during that one-year period. If the employee returns to the employer's employment during the one-year period the employer shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned within one year, the wage assignment shall cease to have effect at the expiration of the one-year period; or

(c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2).

(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, 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 clerk.

(5) An order for wage assignment for support entered under this chapter shall have priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold and deliver under chapter 74.20A RCW.

(6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable to the obligee for ((~~the amounts disbursed to the obligor in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law~~)) one hundred percent of the support debt, or the amount of support moneys that should have been withheld from the employee's earnings whichever is the lesser amount, if the employer:

(a) Fails or refuses, after being served with a wage assignment order, to deduct and promptly remit from the unpaid earnings the amounts of money required in the order;

(b) Fails or refuses to submit an answer to the notice of wage assignment after being served; or

Liability may be established in superior court. Awards in superior court shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys' fees.

(7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding.

(8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. ((~~A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law~~)) If an employer discharges, disciplines, or refuses to hire an employee in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of damages suffered as a result of the violation and for costs and reasonable attorneys' fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.

(9) An employer may combine amounts withheld from various employees into a single payment to the Washington state support registry, if the payment includes a listing of the amounts attributable to each employee and other information as required by the registry.

(10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.

Sec. 25. RCW 26.18.140 and 1984 c 260 s 14 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, in a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's support obligation is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the wage assignment order should remain in effect.

(2) The court may enter an order delaying, modifying, or terminating the wage assignment order and order the obligor to make payments directly to the obligee if the court approves an alternate payment plan as provided in RCW 26.23.050(2).

NEW SECTION. Sec. 26. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Basic child support obligation" means the monthly child support obligation determined from the economic table based on the parties' combined monthly net income and the number of children for whom support is owed.

(2) "Child support schedule" means the standards, economic table, worksheets, and instructions, as defined in this chapter.

(3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders.

(4) "Deviation" means a child support amount that differs from the standard calculation.

(5) "Economic table" means the child support table for the basic support obligation provided in RCW 26.19.020.

(6) "Instructions" means the instructions developed by the office of the administrator for the courts pursuant to RCW 26.19.050 for use in completing the worksheets.

(7) "Multiple families" means all the possible combinations of families in which a party has children from more than one relationship to whom the party owes a duty to support. Possible combinations include any natural, adopted, or stepchildren to whom the person owes a duty of support, whether or not the children are illegitimate or were born during a former or existing marriage, and whether or not the children reside with the person obligated to support them.

(8) "Standards" means the standards for determination of child support as provided in sections 29 through 33 of this act and RCW 26.19.090.

(9) "Standard calculation" means the presumptive amount of child support owed as determined from the child support schedule before the court considers any reasons for deviation.

(10) "Support transfer payment" means the amount of money the court orders one parent to pay for child support after determination of the standard calculation and deviations. If certain expenses or credits are expected to fluctuate and the order states a formula or percentage to determine the additional amount or credit on an ongoing basis, the term "support transfer payment" does not mean the additional amount or credit.

(11) "Worksheets" means the forms developed by the office of the administrator for the courts pursuant to RCW 26.19.050 for use in determining the amount of child support.

Sec. 27. RCW 26.19.020 and 1990 1st ex.s. c 2 s 19 are each amended to read as follows:

ECONOMIC TABLE. ((If approved by a majority vote of the superior court judges of a county, the superior court may adopt by local court rule an economic table that shall be used by the superior court of that county, instead of the economic table adopted by the commission, to determine the appropriate amount of child support. The economic table adopted by the superior court shall not vary by more than twenty-five percent from the economic table adopted by the commission and shall not vary the economic table for combined monthly net income of two thousand five hundred dollars or less.))

The legislature adopts the following economic table:

ECONOMIC TABLE

MONTHLY BASIC SUPPORT OBLIGATION PER CHILD

KEY: A = AGE 0-11 B = AGE 12-18

COMBINED

MONTHLY ONE TWO

NET CHILD CHILDREN

INCOME FAMILY FAMILY

---------------------------------------------------------------- A B A B

----------------------------------------------------------------

100

200

300 For income less than $600 see section 33 of this act

400

500

600 133 164 103 127

700 155 191 120 148

800 177 218 137 170

900 199 246 154 191

1000 220 272 171 211

1100 242 299 188 232

1200 264 326 205 253

1300 285 352 221 274

1400 307 379 238 294

1500 327 404 254 313

1600 347 428 269 333

1700 367 453 285 352

1800 387 478 300 371

1900 407 503 316 390

2000 427 527 331 409

2100 447 552 347 429

2200 467 577 362 448

2300 487 601 378 467

2400 506 626 393 486

2500 526 650 408 505

2600 534 661 416 513

2700 542 670 421 520

2800 549 679 427 527

2900 556 686 431 533

3000 561 693 436 538

3100 566 699 439 543

3200 569 704 442 546

3300 573 708 445 549

3400 574 710 446 551

3500 575 711 447 552

3600 577 712 448 553

3700 578 713 449 554

3800 581 719 452 558

3900 596 736 463 572

4000 609 753 473 584

4100 623 770 484 598

4200 638 788 495 611

4300 651 805 506 625

4400 664 821 516 637

4500 677 836 525 649

4600 689 851 535 661

4700 701 866 545 673

4800 713 882 554 685

4900 726 897 564 697

5000 738 912 574 708

5100 751 928 584 720

5200 763 943 593 732

5300 776 959 602 744

5400 788 974 612 756

5500 800 989 622 768

5600 812 1004 632 779

5700 825 1019 641 791

5800 837 1035 650 803

5900 850 1050 660 815

6000 862 1065 670 827

6100 875 1081 680 839

6200 887 1096 689 851

6300 899 1112 699 863

6400 911 1127 709 875

6500 924 1142 718 887

6600 936 1157 728 899

6700 949 1172 737 911

6800 961 1188 747 923

6900 974 1203 757 935

7000 986 1218 767 946

----------------------------------------------------------------

COMBINED

MONTHLY THREE FOUR FIVE

NET CHILDREN CHILDREN CHILDREN

INCOME FAMILY FAMILY FAMILY

‑-‑-‑-‑-‑-‑-‑-‑-‑-‑---------------------------------------------

A B A B A B

‑---------------------------------------------------------------

100

200

300 For income less than $600 see section 33 of this act

400

500

600 86 106 73 90 63 78

700 100 124 85 105 74 91

800 115 142 97 120 84 104

900 129 159 109 135 95 118

1000 143 177 121 149 105 130

1100 157 194 133 164 116 143

1200 171 211 144 179 126 156

1300 185 228 156 193 136 168

1400 199 246 168 208 147 181

1500 212 262 179 221 156 193

1600 225 278 190 235 166 205

1700 238 294 201 248 175 217

1800 251 310 212 262 185 228

1900 264 326 223 275 194 240

2000 277 342 234 289 204 252

2100 289 358 245 303 213 264

2200 302 374 256 316 223 276

2300 315 390 267 330 233 288

2400 328 406 278 343 242 299

2500 341 421 288 356 251 311

2600 346 428 293 362 256 316

2700 351 435 298 368 259 321

2800 356 440 301 372 262 324

2900 360 445 305 376 266 328

3000 364 449 308 380 268 331

3100 367 453 310 383 270 334

3200 369 457 312 386 272 336

3300 371 459 314 388 273 339

3400 372 460 315 389 274 340

3500 373 461 316 390 275 341

3600 374 462 317 391 276 342

3700 375 463 318 392 277 343

3800 377 466 319 394 278 344

3900 386 477 326 404 284 352

4000 395 488 334 413 291 360

4100 404 500 341 422 298 368

4200 413 511 350 431 305 377

4300 422 522 357 441 311 385

4400 431 532 364 449 317 392

4500 438 542 371 458 323 400

4600 446 552 377 467 329 407

4700 455 562 384 475 335 414

4800 463 572 391 483 341 422

4900 470 581 398 491 347 429

5000 479 592 404 500 353 437

5100 487 602 411 509 359 443

5200 494 611 418 517 365 451

5300 503 621 425 525 371 458

5400 511 632 432 533 377 466

5500 518 641 439 542 383 473

5600 527 651 446 551 389 480

5700 535 661 452 559 395 488

5800 543 671 459 567 401 495

5900 551 681 466 575 407 502

6000 559 691 473 584 413 509

6100 567 701 479 593 418 517

6200 575 710 486 601 424 524

6300 583 721 493 609 430 532

6400 591 731 500 617 436 539

6500 599 740 506 626 442 546

6600 607 750 513 635 448 554

6700 615 761 520 643 454 561

6800 623 770 527 651 460 568

6900 631 780 533 659 466 575

7000 639 790 540 668 472 583

For combined monthly net income that

exceeds $7000 see section 33 of this act.

NEW SECTION. Sec. 28. 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.

NEW SECTION. Sec. 29. STANDARDS FOR CHILD SUPPORT SCHEDULE APPLICATION. (1) Application of the child support schedule. The child support schedule shall be applied:

(a) In each county of the state;

(b) In judicial and administrative proceedings under this title or Title 13 or 74 RCW;

(d) In setting temporary and permanent support;

(e) In automatic modification provisions or decrees entered pursuant to RCW 26.09.100; and

(f) In addition to proceedings in which child support is determined for minors, to adult children who are dependent on their parents and for whom support is ordered pursuant to RCW 26.09.100.

The provisions of this chapter for determining child support and reasons for deviation from the standard calculation shall be applied in the same manner by the court, presiding officers, and reviewing officers.

(2) Written findings of fact supported by the evidence. An order for child support shall be supported by written findings of fact upon which the support determination is based and shall include reasons for any deviation from the standard calculation and reasons for denial of a party's request for deviation from the standard calculation.

(3) Completion of worksheets. Worksheets in the form developed by the office of the administrator for the courts shall be completed under penalty of perjury and filed in every proceeding in which child support is determined. The court shall not accept incomplete worksheets or worksheets that vary from the worksheets developed by the office of the administrator for the courts.

(4) Court review of the worksheets and order. The court shall review the worksheets and the order setting support for the adequacy of the reasons set forth for any deviation or denial of any request for deviation and for the adequacy of the amount of support ordered. Each order shall state the amount of child support calculated using the standard calculation and the amount of child support actually ordered. Worksheets shall be attached to the decree or order or if filed separately shall be initialed or signed by the judge and filed with the order.

NEW SECTION. Sec. 30. STANDARDS FOR ALLOCATION OF CHILD SUPPORT OBLIGATION BETWEEN PARENTS. (1) The parents' total obligation for support shall be based on their combined monthly net income, resources, and special child rearing costs.

(2) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent's share of the combined monthly net income.

(3) Health care expenses, day care expenses, and special child rearing expenses such as tuition and long distance transportation costs to and from the parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in the same proportion as the basic support obligation. These expenses may be listed as a specific dollar amount or as a percentage amount. Day care expenses include, but are not limited to, day care expenses incurred while the parent in custody of the child is working, pursuing accredited educational training, or obtaining medical care.

(4) The court shall exercise discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic support obligation.

NEW SECTION. Sec. 31. STANDARDS FOR DETERMINATION OF INCOME. (1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. However, for purposes of calculating the basic support obligation, only the income of the parents of the children whose support is at issue shall be calculated. Income and resources of any other person shall not be included in calculating the basic support obligation.

(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.

(3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including:

(a) Salaries;

(b) Wages;

(d) Deferred compensation;

(e) Recurring bonuses;

(f) Dividends;

(g) Interest;

(h) Trust income;

(i) Severance pay;

(j) Annuities;

(k) Capital gains;

(l) Pension retirement benefits;

(m) Workers' compensation;

(n) Unemployment benefits; and

(o) Spousal maintenance actually received.

(4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income:

(a) Income of a new spouse or income of other adults in the household;

(b) Child support received from other relationships;

(c) Nonrecurring income from bonuses, contract-related cash benefits, gifts, and prizes. The burden of proving that these sources of income are nonrecurring is on the parent seeking to exclude them from gross income;

(d) Overtime, whether mandatory or voluntary;

(e) If the parent has at least one full-time job that requires the parent to work a minimum of forty hours per week, income derived from a second job or additional jobs other than the full-time job;

(f) Aid to families with dependent children;

(g) Supplemental security income;

(h) General assistance;

(i) Veterans aid and attendance allowance or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r);

(j) Food stamps;

(k) Payments made for the hiring of the services of an attendant as provided in RCW 51.32.060(3). If the payment is made directly to the attendant as provided in RCW 51.32.060(3), the payment need not be disclosed; and

(l) Payments from any source, other than RCW 51.32.060(3) or veterans' aid and attendant allowances or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), for services provided by an attendant in case of a disability when the disability necessitates the hiring of the services of an attendant.

Receipt of income and resources from aid to families with dependent children, supplemental security income, general assistance, veterans aid and attendance allowance or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), payments for hiring an attendant paid under RCW 51.32.060(3), payments for services provided by an attendant in case of a disability as provided in (1) of this subsection, and food stamps shall not be a reason to deviate from the standard calculation.

(5) Determination of net income. The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income:

(a) Federal and state income taxes;

(b) Federal insurance contributions act deductions;

(d) Mandatory union or professional dues;

(e) State industrial insurance premiums;

(f) Court-ordered spousal maintenance to the extent actually paid;

(g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made for the two tax years preceding the earlier of the (i) tax year in which the parties separated with intent to live separate and apart or (ii) tax year in which the parties filed for dissolution; and

(h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement.

Items deducted from gross income under this subsection shall not be a reason to deviate from the standard calculation.

(6) Imputation of income. The court shall impute income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent's work history. A parent will not be deemed underemployed if that parent is gainfully employed on a full-time basis. Income shall not be imputed for an unemployable parent.

NEW SECTION. Sec. 32. STANDARDS FOR DEVIATION FROM THE STANDARD CALCULATION. (1) Reasons for deviation from the standard calculation are as follows:

(a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following resources and income:

(i) Income of a new spouse;

(ii) Income of other adults in the household;

(iii) Child support actually received from other relationships;

(iv) Overtime, whether mandatory or voluntary;

(v) Nonrecurring bonuses;

(vi) Contract-related cash benefits;

(vii) Gifts;

(viii) Prizes;

(ix) Income derived from a second job or additional jobs that was excluded from gross income under section 31 of this act;

(x) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;

(xi) Extraordinary income of a child; or

(xii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning.

(b) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:

(i) Extraordinary debt not voluntarily incurred;

(ii) A significant disparity in the living costs of the parents due to conditions beyond their control;

(iii) Special needs of disabled children; or

(iv) Special medical, educational, or psychological needs of the children.

(c) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the house receiving the support to meet the basic needs of the child or if the child is receiving aid to families with dependent children. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.

(d) Multiple families. The court may deviate from the standard calculation when either or both of the parents before the court have children in multiple families to whom the parent owes a duty of support.

(i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.

(ii) Children from families other than the children of the parties before the court shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.

(iii) When considering a deviation from the standard calculation for children in the family before the court, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other families only to the extent that the support is actually paid.

(iv) When the court has determined that either or both parents have multiple families, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children in the multiple families shall be disclosed and considered.

(2) All income and resources of the parties before the court, new spouses, and other adults in the households shall be disclosed and considered. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.

(3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.

(4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.

(5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.

NEW SECTION. Sec. 33. STANDARDS FOR ESTABLISHING LOWER AND UPPER LIMITS ON CHILD SUPPORT AMOUNTS. (1) Limit at forty-five percent of a parent's net income. Neither parent's total child support obligation may exceed forty-five percent of net income except for good cause shown. Good cause includes but is not limited to possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families.

(2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a support order of not less than twenty-five dollars per child per month shall be entered for each parent. A parent's support obligation shall not reduce his or her net income below the need standard for one person established pursuant to RCW 74.04.770, except for the mandatory minimum payment of twenty-five dollars per child per month as required in this section or in cases where the court finds reasons for deviation under section 32 of this act. This section shall not be construed to require monthly substantiation of income.

(3) Income above seven thousand dollars. When combined monthly net income exceeds the highest combined monthly net income for which a presumptive amount of support is established, child support shall not be set at a level lower than that amount from the table unless the court finds reasons for deviations below that level, but the court has discretion to establish support at higher levels upon written findings of fact.

Sec. 34. RCW 26.19.090 and 1990 1st ex.s. c 2 s 9 are each amended to read as follows:

STANDARDS FOR POSTSECONDARY EDUCATIONAL SUPPORT AWARDS. The child support schedule shall be advisory and not mandatory for postsecondary educational support. When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. The child must be enrolled in an accredited academic or vocational school, actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution ((or)). The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. The court-ordered postsecondary educational support ((~~may~~)) shall be automatically suspended during the period or periods the child fails to comply with these conditions. ((~~The court in its discretion may order that the payment be made directly to the parent who has been receiving the transfer payments, to the educational institution if feasible, or to the child.~~)) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.

NEW SECTION. Sec. 35. REIMBURSEMENT AND VERIFICATION OF EXTRAORDINARY EXPENSES. (1)(a) If sum certain amounts are established for day care, transportation costs, health care, or other extraordinary expenses, and are set forth in the decree, those sums shall be payable as part of the regularly paid support transfer payment ordered by the court. The parent making the support transfer payment is entitled to proof of the amount paid for those expenses.

(b) If an amount for those expenses is not specified in the decree or those amounts fluctuate and are not part of the support transfer payment, the parent paying these expenses shall be entitled to prompt reimbursement of the other parent's share of those expenses. Reimbursement must be made promptly but not later than thirty days after receipt of proof of payment of these expenditures. The parent paying those expenses is entitled to proof of the amount paid for those expenses.

(2)(a) If reimbursement is not made within the thirty-day period or is incomplete due to a nonsufficient fund check or other failure to pay, the parent seeking reimbursement may by motion obtain an order compelling payment with statutory interest. If a parent requests proof of payment and it is not provided within thirty days, the party may move to compel production of the documents. The court shall award actual court costs and reasonable attorneys' fees to the prevailing party in every motion filed under this section except upon a showing of good cause for nonpayment.

(b) Wage assignment orders may be obtained pursuant to chapter 26.18 RCW to collect court-ordered basic child support, day care, health care, long-distance transportation costs, or other extraordinary expenses, attorneys' fees, court costs, or any other item ordered by the court. A parent to whom basic child support, day care, health care, long-distance transportation costs, or other extraordinary expenses are to be paid based on a percentage share of the costs, may by motion obtain a court order reducing the amounts owed to a sum certain and then enforce collection of that amount by a wage assignment order.

Sec. 36. 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. 37. 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 custodian;

(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; 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 IV-D custodian before the debt owed to the state when the custodian 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

(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.

Sec. 38. 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 that 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 that is approved by the presiding officer that provides for an alternate agreement.

(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;

(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 an alternate 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 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), 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.

Sec. 39. 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 that 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~~)) office of support ((~~registry~~)) 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 any earnings to the responsible parent.

Sec. 40. 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. 41. 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) Except as provided in subsections (4) and (5) of this section, 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~~)) office of support ((~~registry~~)) 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. 42. 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

(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.

NEW SECTION. Sec. 43. 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. 44. 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. 45. 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 summons shall contain a notice to the parents that the parents have a right to move the court for a guardian ad litem for the child other than the prosecuting attorney or the attorney general subject to subsection (2) of this section.

NEW SECTION. Sec. 46. 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.

Sec. 47. 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~~)) this section, 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. 48. 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. 49. 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 custodian'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.

NEW SECTION. Sec. 50. 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. 51. The following acts or parts of acts are each repealed:

(1) RCW 26.12.090 and 1983 c 219 s 2 & 1949 c 50 s 9;

(2) RCW 26.12.100 and 1983 c 219 s 3 & 1949 c 50 s 10;

(3) RCW 26.12.110 and 1949 c 50 s 11;

(4) RCW 26.12.120 and 1983 c 219 s 4 & 1949 c 50 s 12;

(5) RCW 26.12.130 and 1949 c 50 s 13;

(6) RCW 26.12.140 and 1980 c 124 s 2, 1971 ex.s. c 151 s 1, & 1949 c 50 s 14;

(7) RCW 26.12.150 and 1949 c 50 s 15;

(8) RCW 26.12.180 and 1983 c 219 s 6 & 1949 c 50 s 18;

(9) RCW 26.12.200 and 1983 c 219 s 8 & 1949 c 50 s 20; and

(10) RCW 26.12.210 and 1983 c 219 s 9 & 1949 c 50 s 21.

NEW SECTION. Sec. 52. The following acts or parts of acts are each repealed:

(1) RCW 26.19.010 and 1988 c 275 s 2;

(2) RCW 26.19.040 and 1990 1st ex.s. c 2 s 20, 1988 c 275 s 5, & 1987 c 440 s 2;

(3) RCW 26.19.060 and 1988 c 275 s 7;

(4) RCW 26.19.070 and 1990 1st ex.s. c 2 s 6;

(5) RCW 26.19.080 and 1990 1st ex.s. c 2 s 7; and

(6) RCW 26.19.110 and 1990 1st ex.s. c 2 s 12.

NEW SECTION. Sec. 53. Sections 18 through 20 of this act are each added to chapter 26.12 RCW.

NEW SECTION. Sec. 54. If by June 30, 1991, the omnibus operating budget appropriations act for the 1991-93 biennium does not provide specific funding for section 21 of this act, referencing this act by bill number, section 21 of this act is null and void.

NEW SECTION. Sec. 55. If specific funding for the purposes of section 35 of this act, referencing section 35 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 35 of this act shall be null and void.

NEW SECTION. Sec. 56. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 57. (1) Except for section 49 of this act, this act shall take effect September 1, 1991, and shall apply to all decrees and modifications entered on or after September 1, 1991.

(2) Section 49 of this act shall take effect January 1, 1992.

NEW SECTION. Sec. 58. Sections 26, 28 through 33, and 35 of this act are each added to chapter 26.19 RCW.

NEW SECTION. Sec. 59. Captions as used in this act do not constitute any part of the law.