AN
ACT Relating to implementing amendments relating to child support contained in
the federal personal responsibility and work opportunity reconciliation act of
1996; amending RCW 26.23.050, 26.23.055, 26.23.120, 26.23.040, and 26.23.060;
reenacting and amending RCW 74.20A.080; adding a new section to chapter 26.23
RCW; prescribing penalties; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.20A.080 and 1997 c 130 s 7 and 1997 c 58 s 907 are each reenacted and
amended to read as follows:
(1)
The secretary may issue to any person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States, an order to withhold and deliver property
of any kind, including but not restricted to earnings which are or might become
due, owing, or belonging to the debtor, when the secretary has reason to
believe that there is in the possession of such person, firm, corporation,
association, political subdivision, department of the state, or agency,
subdivision, or instrumentality of the United States property which is or might
become due, owing, or belonging to said debtor. Such order to withhold and
deliver may be issued:
(a)
At any time, if a responsible parent's support order:
(i)
Contains notice that withholding action may be taken against earnings, wages,
or assets without further notice to the parent; or
(ii)
Includes a statement that other income-withholding action under this chapter
may be taken without further notice to the responsible parent;
(b)
Twenty-one days after service of a notice of support debt under RCW 74.20A.040;
(c)
Twenty-one days after service of a notice and finding of parental
responsibility under RCW 74.20A.056;
(d)
Twenty-one days after service of a notice of support owed under RCW 26.23.110;
(e)
Twenty-one days after service of a notice and finding of financial
responsibility under RCW 74.20A.055; or
(f)
When appropriate under RCW 74.20A.270.
(2)
The order to withhold and deliver shall:
(a)
State the amount to be withheld on a periodic basis if the order to withhold
and deliver is being served to secure payment of monthly current support;
(b)
State the amount of the support debt accrued;
(c)
State in summary the terms of RCW 74.20A.090 and 74.20A.100;
(d)
Be served:
(i)
In the manner prescribed for the service of a summons in a civil action;
(ii)
By certified mail, return receipt requested; ((or))
(iii)
By electronic means if there is an agreement between the secretary and the
person, firm, corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the United States to
accept service by electronic means; or
(iv)
By regular mail to a responsible parent's employer unless the division of child
support reasonably believes that service of process in the manner prescribed in
(d)(i) or (ii) of this subsection is required for initiating an action to
ensure employer compliance with the withholding requirement.
(3)
The division of child support may use uniform interstate withholding forms
adopted by the United States department of health and human services to take
withholding actions under this section when the responsible parent is owed
money or property that is located in another state.
(4)
Any person, firm, corporation, association, political subdivision, department
of the state, or agency, subdivision, or instrumentality of the United States
upon whom service has been made is hereby required to:
(a)
Answer said order to withhold and deliver within twenty days, exclusive of the
day of service, under oath and in writing, and shall make true answers to the
matters inquired of therein; and
(b)
Provide further and additional answers when requested by the secretary.
(5)
The returned answer or a payment remitted to the division of child support
by the employer constitutes proof of service of the notice of payroll deduction
in the case where the notice was served by regular mail.
(6)
Any such person, firm, corporation, association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the
United States in possession of any property which may be subject to the claim
of the department shall:
(a)(i)
Immediately withhold such property upon receipt of the order to withhold and
deliver; and
(ii)
((Immediately)) Within seven working days deliver the property to
the secretary ((as soon as the twenty-day answer period expires));
(iii)
Continue to withhold earnings payable to the debtor at each succeeding
disbursement interval as provided for in RCW 74.20A.090, and deliver amounts
withheld from earnings to the secretary ((on)) within seven working
days of the date earnings are payable to the debtor;
(iv)
Deliver amounts withheld from periodic payments to the secretary ((on)) within
seven working days of the date the payments are payable to the debtor;
(v)
Inform the secretary of the date the amounts were withheld as requested under
this section; or
(b)
Furnish to the secretary a good and sufficient bond, satisfactory to the
secretary, conditioned upon final determination of liability.
(((6)))
(7) An order to withhold and deliver served under this section shall not
expire until:
(a)
Released in writing by the division of child support;
(b)
Terminated by court order; or
(c)
The person or entity receiving the order to withhold and deliver does not possess
property of or owe money to the debtor ((for any period of twelve
consecutive months following the date of service of the order to withhold and
deliver)).
(((7)))
(8) Where money is due and owing under any contract of employment,
express or implied, or is held by any person, firm, corporation, or
association, political subdivision, or department of the state, or agency,
subdivision, or instrumentality of the United States subject to withdrawal by
the debtor, such money shall be delivered by remittance payable to the order of
the secretary.
(((8)))
(9) Delivery to the secretary of the money or other property held or
claimed shall satisfy the requirement and serve as full acquittance of the
order to withhold and deliver.
(((9)))
(10) A person, firm, corporation, or association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the
United States that complies with the order to withhold and deliver under this
chapter is not civilly liable to the debtor for complying with the order to
withhold and deliver under this chapter.
(((10)))
(11) The secretary may hold the money or property delivered under this
section in trust for application on the indebtedness involved or for return,
without interest, in accordance with final determination of liability or
nonliability.
(((11)))
(12) Exemptions contained in RCW 74.20A.090 apply to orders to withhold
and deliver issued under this section.
(((12)))
(13) The secretary shall also, on or before the date of service of the
order to withhold and deliver, mail or cause to be mailed a copy of the order
to withhold and deliver to the debtor at the debtor's last known post office
address, or, in the alternative, a copy of the order to withhold and deliver
shall be served on the debtor in the same manner as a summons in a civil action
on or before the date of service of the order or within two days thereafter.
The copy of the order shall be mailed or served together with a concise
explanation of the right to petition for judicial review. This requirement is
not jurisdictional, but, if the copy is not mailed or served as in this section
provided, or if any irregularity appears with respect to the mailing or service,
the superior court, in its discretion on motion of the debtor promptly made and
supported by affidavit showing that the debtor has suffered substantial injury
due to the failure to mail the copy, may set aside the order to withhold and
deliver and award to the debtor an amount equal to the damages resulting from
the secretary's failure to serve on or mail to the debtor the copy.
(((13)))
(14) An order to withhold and deliver issued in accordance with this
section has priority over any other wage assignment, garnishment, attachment,
or other legal process.
(((14)))
(15) The division of child support shall notify any person, firm,
corporation, association, or political subdivision, department of the state, or
agency, subdivision, or instrumentality of the United States required to
withhold and deliver the earnings of a debtor under this action that they may
deduct a processing fee from the remainder of the debtor's earnings, even if
the remainder would otherwise be exempt under RCW 74.20A.090. The processing
fee shall not exceed ten dollars for the first disbursement to the department
and one dollar for each subsequent disbursement under the order to withhold and
deliver.
Sec.
2. RCW
26.23.050 and 1997 c 58 s 888 are each amended to read as follows:
(1)
If the division of child support is providing support enforcement services
under RCW 26.23.045, or if a party is applying for support enforcement services
by signing the application form on the bottom of the support order, the superior
court shall include in all court orders that establish or modify a support
obligation:
(a)
A provision that orders and directs the responsible parent to make all support
payments to the Washington state support registry;
(b)
A statement that withholding action may be taken against wages, earnings,
assets, or benefits, and liens enforced against real and personal property
under the child support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the court order,
unless:
(i)
One of the parties demonstrates, and the court finds, that there is good cause
not to require immediate income withholding and that withholding should be
delayed until a payment is past due; or
(ii)
The parties reach a written agreement that is approved by the court that
provides for an alternate arrangement;
(c)
A statement that the receiving parent might be required to submit an accounting
of how the support is being spent to benefit the child; and
(d)
A statement that the responsible parent's privileges to obtain and maintain a
license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended
if the parent is not in compliance with a support order as provided in RCW
74.20A.320.
As
used in this subsection and subsection (3) of this section, "good cause
not to require immediate income withholding" means a written determination
of why implementing immediate wage withholding would not be in the child's best
interests and, in modification cases, proof of timely payment of previously
ordered support.
(2)
In all other cases not under subsection (1) of this section, the court may
order the responsible parent to make payments directly to the person entitled
to receive the payments, to the Washington state support registry, or may order
that payments be made in accordance with an alternate arrangement agreed upon
by the parties.
(a)
The superior court shall include in all orders under this subsection that
establish or modify a support obligation:
(i)
A statement that withholding action may be taken against wages, earnings,
assets, or benefits, and liens enforced against real and personal property
under the child support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the court order,
unless:
(A)
One of the parties demonstrates, and the court finds, that there is good cause
not to require immediate income withholding and that withholding should be
delayed until a payment is past due; or
(B)
The parties reach a written agreement that is approved by the court that
provides for an alternate arrangement; and
(ii)
A statement that the receiving parent may be required to submit an accounting
of how the support is being spent to benefit the child.
As
used in this subsection, "good cause not to require immediate income
withholding" is any reason that the court finds appropriate.
(b)
The superior court may order immediate or delayed income withholding as
follows:
(i)
Immediate income withholding may be ordered if the responsible parent has
earnings. If immediate income withholding is ordered under this subsection,
all support payments shall be paid to the Washington state support registry.
The superior court shall issue a mandatory wage assignment order as set forth
in chapter 26.18 RCW when the support order is signed by the court. The parent
entitled to receive the transfer payment is responsible for serving the
employer with the order and for its enforcement as set forth in chapter 26.18
RCW.
(ii)
If immediate income withholding is not ordered, the court shall require that
income withholding be delayed until a payment is past due. The support order
shall contain a statement that withholding action may be taken against wages,
earnings, assets, or benefits, and liens enforced against real and personal
property under the child support statutes of this or any other state, without
further notice to the responsible parent, after a payment is past due.
(c)
If a mandatory wage withholding order under chapter 26.18 RCW is issued under
this subsection and the division of child support provides support enforcement
services under RCW 26.23.045, the existing wage withholding assignment is
prospectively superseded upon the division of child support's subsequent service
of an income withholding notice.
(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 the
responsible parent's privileges to obtain and maintain a license, as defined in
RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in
compliance with a support order as provided in RCW 74.20A.320. All
administrative orders shall also state that withholding action may be taken
against wages, earnings, assets, or benefits, and liens enforced against real
and personal property under the child support statutes of this or any other
state without further notice to the responsible parent at any time after entry
of the order, 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 withholding action may be taken against wages, earnings, assets, or
benefits if a support payment is past due or at any time after the entry of the
order, or that a parent's licensing privileges may not be renewed, or may be
suspended, the division of child support 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)
The address where the support payment is to be sent;
(b)
That withholding action may be taken against wages, earnings, assets, or
benefits, and liens enforced against real and personal property under the child
support statutes of this or any other state, without further notice to the
responsible parent at any time after entry of a support order, 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;
(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, date of birth, telephone number,
driver's license number, and name and address of the employer of the
responsible parent, except as provided under subsection (6) of this section;
(g)
The social security number and residence address of the physical custodian
except as provided in subsection (6) or (7) of this section;
(h)
The names, dates of birth, and social security numbers, if any, of the
dependent children;
(i)
A provision requiring the responsible parent to keep the Washington state
support registry informed of whether he or she has access to health insurance
coverage at reasonable cost and, if so, the health insurance policy
information;
(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 or proof that the coverage is
unavailable 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;
(l)
The reasons for not ordering health insurance coverage if the order fails to
require such coverage; ((and))
(m)
That the responsible parent's privileges to obtain and maintain a license, as
defined in RCW 74.20A.320, may not be renewed, or may be suspended if the
parent is not in compliance with a support order as provided in RCW 74.20A.320;
and
(n)
That each parent must:
(i)
Provide the state case registry with the information required by RCW 26.23.055;
and
(ii)
Update the information provided to the state case registry when the information
changes.
(6)
The address and employer's name and address of either party may be omitted
from a support order if:
(a)
There is reason to believe that release of the address information may result
in physical or emotional harm to the party or to the child; or
(b)
A restraining or protective order is in effect to protect one party from the
other party.
(7)
The physical custodian's address((: (a))) shall be omitted from
an order entered under the administrative procedure act.
(8)
When ((the physical custodian's)) a party's employment or address
is omitted from an order, the order shall state that the ((custodian's
address)) information is known to the division of child support,
state case registry.
(((b)
A responsible parent may request the physical custodian's residence address by
submission of a request for disclosure under RCW 26.23.120 to the division of
child support.
(7))) (9)
After the responsible parent has been ordered or notified to make payments to
the Washington state support registry under 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 except as provided
under RCW 74.20.101. 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.
3. RCW
26.23.055 and 1997 c 58 s 904 are each amended to read as follows:
(1)
Each party to a paternity or child support proceeding must provide the court
and the Washington state child support registry with his or her:
(a)
Social security number;
(b)
Current residential address;
(c)
Date of birth;
(d)
Telephone number;
(e)
Driver's license number; and
(f)
Employer's name, address, and telephone number.
(2)
Each party to an order entered in a child support or paternity proceeding shall
update the information required under subsection (1) of this section promptly after
any change in the information. The duty established under this section
continues as long as any monthly support or support debt remains due under the
support order.
(3)
In any proceeding to establish, enforce, or modify the child support order between
the parties, a party may demonstrate to the presiding officer that he or she
has diligently attempted to locate the other party. Upon a showing of diligent
efforts to locate, the presiding officer ((may allow, or accept as adequate,))
shall deem service of process for the action by delivery of written
notice to the address most recently provided by the party under this section to
be adequate notice of the action.
(4)
All support orders shall contain notice to the parties of the obligations
established by this section and possibility of service of process according to
subsection (3) of this section.
Sec.
4. RCW
26.23.120 and 1997 c 58 s 908 are each amended to read as follows:
(1)
Any information or records concerning individuals who owe a support obligation
or for whom support enforcement services are being provided which are obtained
or maintained by the Washington state support registry, the division of child
support, or under chapter 74.20 RCW shall be private and confidential and shall
only be subject to public disclosure as provided in subsection (2) of this
section.
(2)
The secretary of the department of social and health services may adopt rules:
(a)
That specify what information is confidential;
(b)
That specify the individuals or agencies to whom this information and these
records may be disclosed;
(c)
Limiting the purposes for which the information may be disclosed;
(d)
Establishing procedures to obtain the information or records; or
(e)
Establishing safeguards necessary to comply with federal law requiring
safeguarding of information.
(3)
The rules adopted under subsection (2) of this section shall provide for
disclosure of the information and records, under appropriate circumstances,
which shall include, but not be limited to:
(a)
When authorized or required by federal statute or regulation governing the
support enforcement program;
(b)
To the person the subject of the records or information, unless the information
is exempt from disclosure under RCW 42.17.310;
(c)
To government agencies, whether state, local, or federal, and including
federally recognized tribes, law enforcement agencies, prosecuting agencies,
and the executive branch, if the disclosure is necessary for child support
enforcement purposes or required under Title IV-D of the federal social
security act;
(d)
To the parties in a judicial or adjudicative proceeding upon a specific written
finding by the presiding officer that the need for the information outweighs
any reason for maintaining the privacy and confidentiality of the information
or records;
(e)
To private persons, federally recognized tribes, or organizations if the
disclosure is necessary to permit private contracting parties to assist in the
management and operation of the department;
(f)
Disclosure of address and employment information to the parties to an action
for purposes relating to a child support order, subject to the limitations in
subsections (4) and (5) of this section;
(g)
Disclosure of information or records when necessary to the efficient
administration of the support enforcement program or to the performance of
functions and responsibilities of the support registry and the division of
child support as set forth in state and federal statutes; or
(h)
Disclosure of the information or records when authorized under RCW 74.04.060.
(4)
Prior to disclosing the whereabouts of a physical custodian, custodial
parent or a ((party to a support order)) child to the other
parent or party, a notice shall be mailed, if appropriate under the
circumstances, to the parent or ((other party)) physical custodian
whose whereabouts are to be disclosed, at that person's last known address.
The notice shall advise the parent or ((party)) physical custodian
that a request for disclosure has been made and will be complied with unless
the department:
(a)
Receives a copy of a court order within thirty days which enjoins the
disclosure of the information or restricts or limits the requesting party's
right to contact or visit the parent or party whose address is to be disclosed
or the child;
(b)
Receives a hearing request within thirty days under subsection (5) of this
section; or
(c)
Has reason to believe that the release of the information may result in
physical or emotional harm to the ((party)) physical custodian
whose whereabouts are to be released, or to the child.
(5)
A person receiving notice under subsection (4) of this section may request an
adjudicative proceeding under chapter 34.05 RCW, at which the person may show
that there is reason to believe that release of the information may result in
physical or emotional harm to the person or the child. The administrative law
judge shall determine whether the whereabouts of the person or child
should be disclosed based on subsection (4)(c) of this section, however no
hearing is necessary if the department has in its possession a protective order
or an order limiting visitation or contact.
(6)
The notice and hearing process in subsections (4) and (5) of this section do
not apply to protect the whereabouts of a noncustodial parent, unless that
parent has requested notice before whereabouts information is released. A
noncustodial parent may request such notice by submitting a written request to
the division of child support.
(7)
Nothing in this section shall be construed as limiting or restricting the
effect of RCW 42.17.260(9). Nothing in this section shall be construed to
prevent the disclosure of information and records if all details identifying an
individual are deleted or the individual consents to the disclosure.
(((7)))
(8) It shall be unlawful for any person or agency in violation of this
section to solicit, publish, disclose, receive, make use of, or to authorize,
knowingly permit, participate in or acquiesce in the use of any lists of names
for commercial or political purposes or the use of any information for purposes
other than those purposes specified in this section. A violation of this
section shall be a gross misdemeanor as provided in chapter 9A.20 RCW.
Sec.
5. RCW
26.23.040 and 1997 c 58 s 944 are each amended to read as follows:
(1)
All employers doing business in the state of Washington((, and to whom the
department of employment security has assigned a standard industrial
classification sic code)) shall report to the Washington state support
registry:
(a)
The hiring of any person who resides or works in this state to whom the
employer anticipates paying earnings; and
(b)
The rehiring or return to work of any employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from employment.
The
secretary of the department of social and health services may adopt rules to
establish additional exemptions if needed to reduce unnecessary or burdensome
reporting.
(2)
Employers may report by mailing the employee's copy of the W-4 form, or other
means authorized by the registry which will result in timely reporting.
(3)
Employers shall submit reports within twenty days of the hiring, rehiring, or
return to work of the employee, except as provided in subsection (4) of this
section. The report shall contain:
(a)
The employee's name, address, social security number, and date of birth; and
(b)
The employer's name, address, ((employment security reference number,
unified business identifier number)) and identifying number assigned under
section 6109 of the internal revenue code of 1986.
(4)
In the case of an employer transmitting reports magnetically or electronically,
the employer shall report newly hired employees by two monthly transmissions,
if necessary, not less than twelve days nor more than sixteen days apart.
(5)
An employer who fails to report as required under this section ((shall be
given a written warning for the first violation and)) shall be subject to a
civil penalty of ((up to two hundred dollars per month for each subsequent
violation after the warning has been given)):
(a)
Twenty-five dollars per month per employee; or
(b)
Five hundred dollars, if the failure to report is the result of a conspiracy
between the employer and the employee not to supply the required report, or to
supply a false report. All violations within a single month shall be
considered a single violation for purposes of assessing the penalty. The
penalty may be imposed and collected by the division of child support under RCW
74.20A.350.
(6)
The registry shall retain the information for a particular employee only if the
registry is responsible for establishing, enforcing, or collecting a support
debt of the employee. The registry may, however, retain information for a
particular employee for as long as may be necessary to:
(a)
Transmit the information to the national directory of new hires as required
under federal law; or
(b)
Provide the information to other state agencies for comparison with records or
information possessed by those agencies as required by law.
Information
that is not permitted to be retained shall be promptly destroyed. Agencies
that obtain information from the department of social and health services under
this section shall maintain the confidentiality of the information received,
except as necessary to implement the agencies' responsibilities.
NEW
SECTION. Sec. 1. A
new section is added to chapter 26.23 RCW to read as follows:
The
federal personal responsibility and work opportunity reconciliation act of
1996, P.L. 104-193, requires states to collect social security numbers as part
of the application process for professional licenses, driver's licenses,
occupational licenses, and recreational licenses. The legislature finds that
if social security numbers are accessible to the public, it will be relatively
easy for someone to use another's social security number fraudulently to assume
that person's identity and gain access to bank accounts, credit services,
billing information, driving history, and other sources of personal
information. Public Law 104-193 could compound and exacerbate the disturbing
trend of social security number-related fraud. In order to prevent fraud and
curtail invasions of privacy, the governor, through the department of social
and health services, shall seek a waiver to the federal mandate to record
social security numbers on applications for professional, driver's,
occupational, and recreational licenses. If a waiver is not granted, the
licensing agencies shall collect and disclose social security numbers as
required under section 7 of this act.
NEW
SECTION. Sec. 2. A
new section is added to chapter 26.23 RCW to read as follows:
In
order to assist in child support enforcement as required by federal law, all
applicants for an original, replacement, or renewal of a professional license,
driver's license, occupational license, or recreational license must furnish
the licensing agency with the applicant's social security number, which shall
be recorded on the application. The licensing agencies collecting social
security numbers shall not display the social security number on the license
document. Social security numbers collected by licensing agencies shall not be
disclosed except as required by state or federal law or under RCW 26.23.120.
Sec.
3. RCW
26.23.060 and 1997 c 58 s 890 are each amended to read as follows:
(1)
The division of child support may issue a notice of payroll deduction:
(a)
As authorized by a support order that contains a notice clearly stating that
child support may be collected by withholding from earnings, wages, or benefits
without further notice to the obligated parent; or
(b)
After service of a notice containing an income-withholding provision under this
chapter or chapter 74.20A RCW.
(2)
The division of child support shall serve a notice of payroll deduction upon a
responsible parent's employer or upon the employment security department for
the state in possession of or owing any benefits from the unemployment
compensation fund to the responsible parent pursuant to Title 50 RCW:
(a)
In the manner prescribed for the service of a summons in a civil action;
(b)
By certified mail, return receipt requested; ((or))
(c)
By electronic means if there is an agreement between the secretary and the
person, firm, corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the United States to
accept service by electronic means; or
(d)
By regular mail to a responsible parent's employer unless the division of child
support reasonably believes that service of process in the manner prescribed in
(a) or (b) of this subsection is required for initiating an action to ensure
employer compliance with the withholding requirement.
(3)
Service of a notice of payroll deduction upon an employer or employment
security department requires the employer or employment security department to
immediately make a mandatory payroll deduction from the responsible parent's
unpaid disposable earnings or unemployment compensation benefits. The employer
or employment security department 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's disposable earnings.
(4)
A notice of payroll deduction for support shall have priority over any wage
assignment, garnishment, attachment, or other legal process.
(5)
The notice of payroll deduction shall be in writing and include:
(a)
The name and social security number of the 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;
(c)
A statement that the total amount withheld shall not exceed fifty percent of
the responsible parent's disposable earnings;
(d)
The address to which the payments are to be mailed or delivered; and
(e)
A notice to the responsible parent warning the responsible parent that, despite
the payroll deduction, the responsible parent's privileges to obtain and
maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be
suspended if the parent is not in compliance with a support order as defined in
RCW 74.20A.320.
(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.
(7)
An employer or employment security department that receives a notice of payroll
deduction shall make immediate deductions from the responsible parent's unpaid
disposable earnings and remit proper amounts to the Washington state support registry
((on each date the responsible parent is due to be paid)) within
seven working days of the date the earnings are payable to the responsible
parent.
(8)
An employer, or the employment security department, upon whom a notice of
payroll deduction is served, shall make an answer to the division of child
support 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 or receives unemployment compensation benefits from the employment
security department, whether the employer or employment security department anticipates
paying earnings or unemployment compensation benefits and the amount of
earnings. If the responsible parent is no longer employed, or receiving
earnings from the employer, the answer shall state the present employer's name
and address, if known. If the responsible parent is no longer receiving
unemployment compensation benefits from the employment security department, the
answer shall state the present employer's name and address, if known.
The
returned answer or a payment remitted to the division of child support by the
employer constitutes proof of service of the notice of payroll deduction in the
case where the notice was served by regular mail.
(9)
The employer or employment security department may deduct a processing fee from
the remainder of the 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 to the Washington state support registry; and (b) one dollar
for each subsequent disbursement to the registry.
(10)
The notice of payroll deduction shall remain in effect until released by the
division of child support, the court enters an order terminating the notice and
approving an alternate arrangement under RCW 26.23.050, or ((one year has
expired since the employer has employed the responsible parent or has been in
possession of or owing any earnings to the responsible parent or the employment
security department has been in possession of or owing any unemployment
compensation benefits to the responsible parent)) until the employer no
longer employs the responsible parent and is no longer in possession of or
owing any earnings to the responsible parent. The employer shall promptly
notify the office of support enforcement when the employer no longer employs
the parent subject to the notice. For the employment security department, the
notice of payroll deduction shall remain in effect until released by the
division of child support or until the court enters an order terminating the
notice.
(11)
The division of child support may use uniform interstate withholding forms
adopted by the United States department of health and human services to take
withholding actions under this section when the responsible parent is receiving
earnings or unemployment compensation in another state.
NEW
SECTION. Sec. 4.
Sections 1, 5, and 8 of this act take effect October 1, 1998.
