H-1889.1 _______________________________________________
HOUSE BILL 2026
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representative Boldt
Read first time 02/18/97. Referred to Committee on Law & Justice.
AN ACT Relating to overpayment of wage assignment; and amending RCW 26.18.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.18.090 and 1993 c 426 s 7 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)(a) 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.
(b) In the event the total amount withheld for any month exceeds the amount allowed in (a) of this subsection, the person or agency receiving the overpayment must reimburse the obligor the full amount of the overpayment after the obligor submits sufficient documentation verifying the existence and amount of the overpayment. If the existence of an overpayment, the amount of the overpayment, or the documentation is disputed, either party may file an application for an adjudicative hearing with the department. Reimbursement is not required if the obligor notifies the person or department receiving the overpayment that the overpayment may be applied as payment towards any arrearages or future support obligations.
(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.
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