CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 2732

 

 

                    Chapter 77, Laws of 1998

 

 

 

 

                        55th Legislature

                      1998 Regular Session

 

 

WAGE ASSIGNMENT ORDERS FOR CHILD SUPPORT OR SPOUSAL MAINTENANCE PAYMENTS--DELIVERY OF WITHHELD EARNINGS

 

 

 

                    EFFECTIVE DATE:  6/11/98

Passed by the House February 10, 1998  Yeas 96   Nays 0

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate March 4, 1998

  Yeas 44   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2732  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved March 20, 1998 Place Style On Codes above, and Style Off Codes below.     

                                FILED          

 

 

           March 20, 1998 - 5:01 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                          HOUSE BILL 2732

          _______________________________________________

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By Representatives Robertson, Ogden, L. Thomas, McCune, Constantine, Wood, Zellinsky, Ballasiotes, Delvin and Hickel

 

Read first time 01/19/98.  Referred to Committee on Law & Justice.

Regarding wage assignment orders for child support or spousal maintenance payments.  


    AN ACT Relating to wage assignment orders for child support or spousal maintenance payments; amending RCW 26.18.110; and reenacting and amending RCW 26.18.100.

 

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

 

    Sec. 1.  RCW 26.18.100 and 1997 c 296 s 10 and 1997 c 58 s 889 are each reenacted and 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 subject to a support order requiring immediate income withholding or 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 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)) within five working days of 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; or

    (b) The addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid.

    You shall promptly notify the court and the addressee specified in the wage assignment order under this section 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 until you are no longer in possession of any earnings or remuneration owed to the employee.

    You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below ((at)) within five working days of 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 THE AMOUNT OF SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS 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.  REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.

 

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

 

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

Obligee,                                  Judge/Court Commissioner

or obligee's attorney

Send withheld payments to:         ...............................

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

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

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

 

    Sec. 2.  RCW 26.18.110 and 1994 c 230 s 5 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)) within five working days of 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; or

    (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(3)(b).  The employer shall promptly notify the addressee specified in the assignment 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 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.

    (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.


    Passed the House February 10, 1998.

    Passed the Senate March 4, 1998.

Approved by the Governor March 20, 1998.

    Filed in Office of Secretary of State March 20, 1998.