AN ACT Relating to obligations for child
support and spousal maintenance; and amending RCW 26.18.010, 26.18.020,
26.18.030, 26.18.040, 26.18.050, 26.18.070, 26.18.090, 26.18.100, 26.18.110,
26.18.120, 26.18.140, 26.18.150, 26.18.160, and 26.18.170.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 26.18.010 and 1984 c 260 s 1 are each amended to read as follows:
The legislature finds that there is an urgent
need for vigorous enforcement of child support and spousal maintenance
obligations, and that stronger and more efficient statutory remedies need to be
established to supplement and complement the remedies provided in chapters
26.09, 26.21, 26.26, 74.20, and 74.20A RCW.
Sec. 2.
RCW 26.18.020 and 1989 c 416 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise,
the definitions in this section apply throughout this chapter.
(1) "Dependent child" means any child
for whom a support order has been established or for whom a duty of support is
owed.
(2) "Duty of spousal maintenance"
means the duty to provide for the needs of a spouse or former spouse imposed
under chapter 26.09 RCW.
(3) "Duty of support" means
the duty to provide for the needs of a dependent child, which may include
necessary food, clothing, shelter, education, and health care. The duty
includes any obligation to make monetary payments, to pay expenses, including
spousal maintenance in cases in which there is a dependent child, or to
reimburse another person or an agency for the cost of necessary support
furnished a dependent child. The duty may be imposed by court order, by
operation of law, or otherwise.
(((3))) (4) "Obligee"
means the custodian of a dependent child, the spouse or former spouse,
or person or agency, to whom a duty of support or duty of spousal
maintenance is owed, or the person or agency to whom the right to receive
or collect support or spousal maintenance has been assigned.
(((4))) (5) "Obligor"
means the person owing a duty of support or duty of spousal maintenance.
(((5))) (6) "Support or
maintenance order" means any judgment, decree, or order of support or
spousal maintenance issued by the superior court or authorized agency of
the state of Washington; or a judgment, decree, or other order of support or
spousal maintenance issued by a court or agency of competent jurisdiction
in another state or country, which has been registered or otherwise made
enforceable in this state.
(((6))) (7) "Employer"
includes the United States government, a state or local unit of government, and
any person or entity who pays or owes earnings or remuneration for
employment to the obligor.
(((7))) (8) "Earnings"
means compensation paid or payable for personal services or remuneration for
employment, whether denominated as wages, salary, commission, bonus, or
otherwise, and, notwithstanding any other provision of law making the payments
exempt from garnishment, attachment, or other process to satisfy support or
spousal maintenance obligations, specifically includes periodic payments
pursuant to pension or retirement programs, or insurance policies of any type,
but does not include payments made under Title 50 RCW, except as provided in
RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(((8))) (9) "Disposable
earnings" means that part of the earnings of an individual remaining after
the deduction from those earnings of any amount required by law to be withheld.
(((9))) (10)
"Department" means the department of social and health services.
(((10))) (11) "Health
insurance coverage" includes any coverage under which medical services are
provided by an employer or a union whether that coverage is provided through a
self-insurance program, under the employee retirement income security act of
1974, a commercial insurer pursuant to chapters 48.20 and 48.21 RCW, a health
care service contractor pursuant to chapter 48.44 RCW, or a health maintenance
organization pursuant to chapter 48.46 RCW, and the state through chapter 41.05
RCW.
(((11))) (12) "Insurer"
means a commercial insurance company providing disability insurance under
chapter 48.20 or 48.21 RCW, a health care service contractor providing health
care coverage under chapter 48.44 RCW, a health maintenance organization
providing comprehensive health care services under chapter 48.46 RCW, and shall
also include any employer or union which is providing health insurance coverage
on a self-insured basis.
(13) "Remuneration for
employment" means moneys due from or payable by the United States to an
individual within the scope of 42 U.S.C. Sec. 659 and 42 U.S.C. Sec. 662(f).
Sec. 3.
RCW 26.18.030 and 1984 c 260 s 3 are each amended to read as follows:
(1) The remedies provided in this chapter are
in addition to, and not in substitution for, any other remedies provided by
law.
(2) This chapter applies to any dependent
child, whether born before or after June 7, 1984, and regardless of the past or
current marital status of the parents, and to a spouse or former spouse.
(3) This chapter shall be liberally construed
to assure that all dependent children are adequately supported.
Sec. 4.
RCW 26.18.040 and 1984 c 260 s 4 are each amended to read as follows:
(1) A proceeding to enforce a duty of support or
spousal maintenance is commenced:
(a) By filing a petition for an original
action; or
(b) By motion in an existing action or under an
existing cause number.
(2) Venue for the action is in the superior
court of the county where the dependent child resides or is present, where the
obligor or obligee resides, or where the prior support or maintenance
order was entered. The petition or motion may be filed by the obligee, the
state, or any agency providing care or support to the dependent child. A
filing fee shall not be assessed in cases brought on behalf of the state of
Washington.
(3) The court retains continuing jurisdiction
under this chapter until all duties of either support or spousal
maintenance, or both, of the obligor, including arrearages, ((with
respect to the dependent child)) have been satisfied.
Sec. 5.
RCW 26.18.050 and 1989 c 373 s 22 are each amended to read as follows:
(1) If an obligor fails to comply with a
support or spousal maintenance order, a petition or motion may be filed
without notice under RCW 26.18.040 to initiate a contempt action as provided in
chapter 7.21 RCW. If the court finds there is reasonable cause to believe the
obligor has failed to comply with a support or spousal maintenance
order, the court may issue an order to show cause requiring the obligor to
appear at a certain time and place for a hearing, at which time the obligor may
appear to show cause why the relief requested should not be granted. A copy of
the petition or motion shall be served on the obligor along with the order to
show cause.
(2) Service of the order to show cause shall be
by personal service, or in the manner provided in the civil rules of superior
court or applicable statute.
(3) If the order to show cause served upon the
obligor included a warning that an arrest warrant could be issued for failure
to appear, the court may issue a bench warrant for the arrest of the obligor if
the obligor fails to appear on the return date provided in the order.
(4) If the obligor contends at the hearing that
he or she lacked the means to comply with the support or spousal maintenance
order, the obligor shall establish that he or she exercised due diligence in
seeking employment, in conserving assets, or otherwise in rendering himself or
herself able to comply with the court's order.
(5) As provided in RCW 26.18.040, the court
retains continuing jurisdiction under this chapter and may use a contempt
action to enforce a support or maintenance order until the obligor satisfies
all duties of support, including arrearages, that accrued pursuant to the
support or maintenance order.
Sec. 6.
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 or spousal
maintenance payments in an amount equal to or greater than the ((support))
obligation 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 or
spousal maintenance payments in an amount equal to or greater than the ((support))
obligation payable for one month;
(b) A description of the terms of the ((support))
order requiring payment of support or spousal maintenance, and the
amount past due;
(c) The name and address of the obligor's
employer;
(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 or maintenance 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 or
maintenance order in the court file, then the obligee shall attach a copy
of the support or maintenance order to the petition or motion seeking
the wage assignment.
Sec. 7.
RCW 26.18.090 and 1984 c 260 s 9 are each amended to read as follows:
(1) The wage assignment order in RCW 26.18.080
shall include:
(a) The maximum amount of current support or
spousal maintenance, if any, to be withheld from the obligor's earnings
each month, or from each earnings disbursement; and
(b) The total amount of the arrearage or
reimbursement judgment previously entered by the court, if any, together with
interest, if any.
(2) The total amount to be withheld from the
obligor's earnings each month, or from each earnings disbursement, shall not
exceed fifty percent of the disposable earnings of the obligor. If the amounts
to be paid toward the arrearage are specified in the support or spousal
maintenance order, then the maximum amount to be withheld is the sum of:
Either the current support or spousal maintenance ordered, or
both; and the amount ordered to be paid toward the arrearage, or fifty
percent of the disposable earnings of the obligor, whichever is less.
(3) The provisions of RCW 6.27.150 do not apply
to wage assignments for child support or spousal maintenance authorized
under this chapter, but fifty percent of the disposable earnings of the obligor
are exempt, and may be disbursed to the obligor.
(4) If an obligor is subject to two or more
attachments for child support on account of different obligees, the employer
shall, if the nonexempt portion of the obligor's earnings is not sufficient to
respond fully to all the attachments, apportion the obligor's nonexempt
disposable earnings between or among the various obligees equally. Any obligee
may seek a court order reapportioning the obligor's nonexempt disposable
earnings upon notice to all interested obligees. Notice shall be by personal
service, or in the manner provided by the civil rules of superior court or
applicable statute.
(5) If an obligor is subject to two or more
attachments for spousal maintenance on account of different obligees, the
employer shall, if the nonexempt portion of the obligor's earnings is not
sufficient to respond fully to all the attachments, apportion the obligor's
nonexempt disposable earnings between or among the various obligees equally.
An obligee may seek a court order reapportioning the obligor's nonexempt
disposable earnings upon notice to all interested obligees. Notice shall be by
personal service, or in the manner provided by the civil rules of superior court
or applicable statute.
Sec. 8.
RCW 26.18.100 and 1991 c 367 s 20 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 either child
support or spousal maintenance payments, or both, in an amount
equal to or greater than the child support or spousal maintenance
payable for one month. The amount of the accrued child support or spousal
maintenance debt as of this date is . . . . . .
dollars, the amount of arrearage payments specified in the support or
spousal maintenance order (if applicable) is
. . . . . . dollars per
. . . . . ., and the amount of the current and
continuing support or spousal maintenance 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 or other
remuneration for employment due and owing to the obligor, then you shall do
as follows:
(1) Withhold from the obligor's earnings or
remuneration each month, or from each regular earnings disbursement, the
lesser of:
(a) The sum of the accrued support or
spousal maintenance debt and the current support or spousal maintenance
obligation;
(b) The sum of the specified arrearage payment
amount and the current support or spousal maintenance obligation; or
(c) Fifty percent of the disposable earnings or
remuneration of the obligor.
(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 or
remuneration and remit to the Washington state support registry or other
address specified below the proper amounts at each regular pay interval.
You shall continue to withhold the ordered
amounts from nonexempt earnings or remuneration of the obligor until
notified by:
(a) The court that the wage assignment has been
modified or terminated;
(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, or if the obligor no longer receives earnings or
remuneration from 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 [you])) you are no longer in
possession of any earnings or remuneration owed to the employee,
whichever is later. 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,
unless you still owe the employee earnings or other remuneration.
You shall deliver the withheld earnings or
remuneration to the Washington state support registry or other address
stated below at each regular pay interval.
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 spousal maintenance, 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 OR SPOUSAL MAINTENANCE 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
Send withheld payments to: ........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
Sec. 9.
RCW 26.18.110 and 1991 c 367 s 21 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 or other remuneration from
the employer, whether the employer will honor the wage assignment order, and
whether there are either multiple child support or spousal
maintenance attachments, or both, against the obligor.
(2) If the employer possesses any earnings or
remuneration 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 or, if the wage assignment order is to satisfy a duty
of spousal maintenance, to the addressee specified in the assignment at
each regular pay interval.
(3) The employer shall continue to withhold the
ordered amounts from nonexempt earnings or remuneration of the obligor
until notified by:
(a) The court that the wage assignment has been
modified or terminated;
(b) The Washington state support registry or
obligee that the accrued child support or spousal maintenance debt
has been paid, provided the wage assignment order contains the language set
forth under RCW 26.18.100(((2)(b))) (3)(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 or
remuneration owed to the employee, whichever is later. 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 or remuneration 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, unless
the employer continues to owe remuneration for employment to the obligor;
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 for
a dependent child 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. An order for wage assignment for spousal maintenance entered
under this chapter shall have priority over any other wage assignment or
garnishment, except for a wage assignment, garnishment, or order to withhold
and deliver under chapter 74.20A RCW for support of a dependent child, and
except for another wage assignment or garnishment for spousal maintenance.
(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 one hundred percent of the support or spousal maintenance
debt, or the amount of support or spousal maintenance 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
(c) Is unwilling to comply with the other
requirements of this section.
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. 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) For wage assignments payable to the
Washington state support registry, 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. 10.
RCW 26.18.120 and 1984 c 260 s 12 are each amended to read as follows:
The answer of the employer shall be made on
forms, served on the employer with the wage assignment order, substantially as
follows:
IN
THE SUPERIOR COURT OF THE
STATE
OF WASHINGTON IN AND FOR THE
COUNTY
OF . . . . . . . . .
.................................................................. No.
.................................................................................
Obligee
vs. ANSWER
.................................. ............................... TO
WAGE
........... Obligor........................................ ASSIGNMENT
ORDER
..................................................................
Employer
1. At the time of the service of the wage
assignment order on the employer, was the above-named obligor employed by or
receiving earnings or other remuneration for employment from the
employer?
Yes . . . . . . No
. . . . . . (check one).
2. Are there any other attachments for child
support or spousal maintenance currently in effect against the obligor?
Yes . . . . . . No
. . . . . . (check one).
3. If the answer to question one is yes and the
employer cannot comply with the wage assignment order, provide an explanation:
I declare under penalty of perjury under the
laws of the state of Washington that the foregoing is true and correct.
............................................................... ........................................................................................................
Signature of employer Date and place
........................................................................................................
............................................................... ........................................................................................................
Signature of person Address for
future notice
answering for employer to employer
...............................................................
Connection with employer
Sec. 11.
RCW 26.18.140 and 1991 c 367 s 22 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 or spousal maintenance
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).
Sec. 12.
RCW 26.18.150 and 1984 c 260 s 15 are each amended to read as follows:
(1) In any action to enforce a support or
spousal maintenance order under Title 26 RCW, the court may, in its
discretion, order a parent obligated to pay support for a minor child or
person owing a duty of spousal maintenance to post a bond or other security
with the court. The bond or other security shall be in the amount of support or
spousal maintenance due for a two-year period. The bond or other security
is subject to approval by the court. The bond shall include the name and
address of the issuer. If the bond is canceled, any person issuing a bond
under this section shall notify the court and the person entitled to receive
payment under the order.
(2) If the ((parent obligated to pay support))
obligor fails to make payments as required under the court order, the
person entitled to receive payment may recover on the bond or other security in
the existing proceeding. The court may, after notice and hearing, increase the
amount of the bond or other security. Failure to comply with the court's order
to obtain and maintain a bond or other security may be treated as contempt of
court.
Sec. 13.
RCW 26.18.160 and 1984 c 260 s 25 are each amended to read as follows:
In any action to enforce a support or
maintenance order under this chapter, the prevailing party is entitled to a
recovery of costs, including an award for reasonable attorney fees. An obligor
may not be considered a prevailing party under this section unless the obligee
has acted in bad faith in connection with the proceeding in question.
Sec. 14.
RCW 26.18.170 and 1989 c 416 s 5 are each amended to read as follows:
(1) Whenever an obligor parent who has been
ordered to provide health insurance coverage for a dependent child fails to
provide such coverage or lets it lapse, the department or the obligee may seek
enforcement of the coverage order as provided under this section.
(2)(a) If the obligor parent's order to provide
health insurance coverage contains language notifying the obligor that failure
to provide such coverage may result in direct enforcement of the order and
orders payments through, or has been submitted to, the Washington state support
registry for enforcement, then the department may, without further notice to
the obligor, send a notice of enrollment to the obligor's employer or union by
certified mail, return receipt requested.
The notice shall require the employer or union
to enroll the child in the health insurance plan as provided in subsection (3)
of this section.
(b) If the obligor parent's order to provide
health insurance coverage does not order payments through, and has not been
submitted to, the Washington state support registry for enforcement:
(i) The obligee may, without further notice to
the obligor send a certified copy of the order requiring health insurance coverage
to the obligor's employer or union by certified mail, return receipt requested;
and
(ii) The obligee shall attach a notarized
statement to the order declaring that the order is the latest order addressing
coverage entered by the court and require the employer or union to enroll the
child in the health insurance plan as provided in subsection (3) of this
section.
(3) Upon receipt of an order that provides for
health insurance coverage, or a notice of enrollment:
(a) The obligor's employer or union shall
answer the party who sent the order or notice within thirty-five days and
confirm that the child:
(i) Has been enrolled in the health insurance
plan;
(ii) Will be enrolled in the next open
enrollment period; or
(iii) Cannot be covered, stating the reasons
why such coverage cannot be provided;
(b) The employer or union shall withhold any
required premium from the obligor's income or wages;
(c) If more than one plan is offered by the
employer or union, and each plan may be extended to cover the child, then the
child shall be enrolled in the obligor's plan. If the obligor's plan does not
provide coverage which is accessible to the child, the child shall be enrolled
in the least expensive plan otherwise available to the obligor parent;
(d) The employer or union shall provide
information about the name of the health insurance coverage provider or insurer
and the extent of coverage available to the obligee or the department and shall
make available any necessary claim forms or enrollment membership cards.
(4) If the order for coverage contains no
language notifying the obligor that failure to provide health insurance
coverage may result in direct enforcement of the order, the department or the
obligee may serve a written notice of intent to enforce the order on the
obligor by certified mail, return receipt requested, or by personal service.
If the obligor fails to provide written proof that such coverage has been
obtained or applied for within twenty days of service of the notice, or within
twenty days of coverage becoming available the department or the obligee may
proceed to enforce the order directly as provided in subsection (2) of this
section.
(5) If the obligor ordered to provide health
insurance coverage elects to provide coverage that will not be accessible to
the child because of geographic or other limitations when accessible coverage
is otherwise available, the department or the obligee may serve a written
notice of intent to purchase health insurance coverage on the obligor by
certified mail, return receipt requested. The notice shall also specify the
type and cost of coverage.
(6) If the department serves a notice under
subsection (5) of this section the obligor shall, within twenty days of the
date of service:
(a) File an application for an adjudicative
proceeding; or
(b) Provide written proof to the department
that the obligor has either applied for, or obtained, coverage accessible to
the child.
(7) If the obligee serves a notice under
subsection (5) of this section, within twenty days of the date of service the
obligor shall provide written proof to the obligee that the obligor has either
applied for, or obtained, coverage accessible to the child.
(8) If the obligor fails to respond to a notice
served under subsection (5) of this section to the party who served the notice,
the party who served the notice may purchase the health insurance coverage
specified in the notice directly. The amount of the monthly premium shall be
added to the support debt and be collectible without further notice. The
amount of the monthly premium may be collected or accrued until the obligor
provides proof of the required coverage.
(9) The signature of the obligee or of a
department employee shall be a valid authorization to the coverage provider or
insurer for purposes of processing a payment to the child's health services
provider. An order for health insurance coverage shall operate as an
assignment of all benefit rights to the obligee or to the child's health
services provider, and in any claim against the coverage provider or insurer,
the obligee or the obligee's assignee shall be subrogated to the rights of the
obligor. Notwithstanding the provisions of this section regarding assignment
of benefits, this section shall not require a health care service contractor
authorized under chapter 48.44 RCW or a health maintenance organization
authorized under chapter 48.46 RCW to deviate from their contractual provisions
and restrictions regarding reimbursement for covered services. If the coverage
is terminated, the employer shall mail a notice of termination to the
department or the obligee at the obligee's last known address within thirty
days of the termination date.
(10) This section shall not be construed to
limit the right of the obligor or the obligee to bring an action in superior
court at any time to enforce, modify, or clarify the original support order.
(11) Nothing in this section shall be construed
to require a health maintenance organization, or health care service contractor,
to extend coverage to a child who resides outside its service area.
(12) If an obligor fails to pay his or her
portion of any deductible required under the health insurance coverage or fails
to pay his or her portion of medical expenses incurred in excess of the
coverage provided under the plan, the department or the obligee may enforce
collection of the obligor's portion of the deductible or the additional medical
expenses through a wage assignment order. The amount of the deductible or
additional medical expenses shall be added to the support debt and be
collectible without further notice if the obligor's share of the amount of the
deductible or additional expenses is reduced to a sum certain in a court order.
