H-3864.1  _______________________________________________

                          HOUSE BILL 2564

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Carrell, Schindler and Talcott

Read first time 01/17/2000.  Referred to Committee on Judiciary.

Terminating legal responsibilities of nonparents.

    AN ACT Relating to terminating legal responsibilities of nonparents; and amending RCW 26.16.200, 26.16.205, 74.20A.020, 26.26.040, and 26.26.060.

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

    Sec. 1.  RCW 26.16.200 and 1983 1st ex.s. c 41 s 2 are each amended to read as follows:

    Neither husband or wife is liable for the debts or liabilities of the other incurred before marriage, nor for the separate debts of each other, nor is the rent or income of the separate property of either liable for the separate debts of the other:  PROVIDED, That the earnings and accumulations of the husband shall be available to the legal process of creditors for the satisfaction of debts incurred by him prior to marriage, and the earnings and accumulations of the wife shall be available to the legal process of creditors for the satisfaction of debts incurred by her prior to marriage.  For the purpose of this section, neither the husband nor the wife shall be construed to have any interest in the earnings of the other:  PROVIDED FURTHER, That no separate debt, except a child support or maintenance obligation, may be the basis of a claim against the earnings and accumulations of either a husband or wife unless the same is reduced to judgment within three years of the marriage of the parties.  The obligation of a natural or adoptive parent ((or stepparent)) to support a child may be collected out of the parent's ((or stepparent's)) separate property, the parent's ((or stepparent's)) earnings and accumulations, and the parent's ((or stepparent's)) share of community personal and real property.  Funds in a community bank account which can be identified as the earnings of the nonobligated spouse are exempt from satisfaction of the child support obligation of the debtor spouse.

    Sec. 2.  RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

    The expenses of the family and the education of the children, including stepchildren, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately.  ((When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren.))  The obligation to support stepchildren shall cease upon the ((entry of a decree of dissolution, decree of legal separation, or death)) termination of the relationship of husband and wife.

    Sec. 3.  RCW 74.20A.020 and 1997 c 58 s 805 are each amended to read as follows:

    Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

    (1) "Department" means the state department of social and health services.

    (2) "Secretary" means the secretary of the department of social and health services, the secretary's designee or authorized representative.

    (3) "Dependent child" means any person:

    (a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

    (b) Over the age of eighteen for whom a court order for support exists.

    (4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

    (5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation.  For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

    (6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

    (7) "Responsible parent" means a natural parent((,)) or adoptive parent((, or stepparent)) of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics.

    (8) (("Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

    (9))) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

    (((10))) (9) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270.  Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

    (((11))) (10) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

    (((12))) (11) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.

    (((13))) (12) "Child support order" means a superior court order or an administrative order.

    (((14))) (13) "Financial institution" means:

    (a) A depository institution, as defined in section 3(c) of the federal deposit insurance act;

    (b) An institution-affiliated party, as defined in section 3(u) of the federal deposit insurance act;

    (c) Any federal or state credit union, as defined in section 101 of the federal credit union act, including an institution-affiliated party of such credit union, as defined in section 206(r) of the federal deposit insurance act; or

    (d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity.

    (((15))) (14) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity to a licensee evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle.  "License" does not mean the tax registration or certification issued under Title 82 RCW by the department of revenue.

    (((16))) (15) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle.

    (((17))) (16) "Licensing entity" includes any department, board, commission, or other organization authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, recreational pursuit, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

    (((18))) (17) "Noncompliance with a child support order" for the purposes of the license suspension program authorized under RCW 74.20A.320 means a responsible parent has:

    (a) Accumulated arrears totaling more than six months of child support payments;

    (b) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

    (c) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

    (((19))) (18) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court under RCW 26.09.160(3) for failure to comply with a residential provision of a court-ordered parenting plan.

    Sec. 4.  RCW 26.26.040 and 1997 c 58 s 938 are each amended to read as follows:

    (1) A man is presumed to be the natural father of a child for all intents and purposes if:

    (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court; or

    (b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born within three hundred days after the termination of cohabitation;

    (c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

    (i) He has acknowledged his paternity of the child in writing filed with the state registrar of vital statistics,

    (ii) With his consent, he is named as the child's father on the child's birth certificate, or

    (iii) He is obligated to support the child under a written voluntary promise or by court order;

    (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child;

    (e) He acknowledges his paternity of the child pursuant to RCW 70.58.080 or in a writing filed with the state registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, if she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the state registrar of vital statistics.  An acknowledgment of paternity under RCW 70.58.080 shall be a legal finding of paternity of the child sixty days after the acknowledgment is filed with the center for health statistics unless the acknowledgment is sooner rescinded or challenged.  After the sixty-day period has passed, the acknowledgment may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.  Legal responsibilities of the challenger, including child support obligations, may not be suspended during the challenge, except for good cause shown.  Judicial and administrative proceedings are neither required nor permitted to ratify an unchallenged acknowledgment of paternity filed after July 27, 1997.  In order to enforce rights of residential time, custody, and visitation, a man presumed to be the father as a result of filing a written acknowledgment must seek appropriate judicial orders under this title;

    (f) The United States immigration and naturalization service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

    (g) Genetic testing indicates a ninety-eight percent or greater probability of paternity.

    (2) A presumption under this section may be rebutted in an appropriate action ((only)) by ((clear, cogent, and convincing)) the preponderance of the evidence.  If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.  The presumption is rebutted by a court decree establishing paternity of the child by another man.

    Sec. 5.  RCW 26.26.060 and 1983 1st ex.s. c 41 s 5 are each amended to read as follows:

    (1)(a) A child, a child's natural mother, a man alleged or alleging himself to be the father, a child's guardian, a child's personal representative, the state of Washington, or any interested party may bring an action at any time for the purpose of declaring the existence or nonexistence of the father and child relationship.

    (b) A man presumed to be a child's father under RCW 26.26.040 may bring an action for the purpose of declaring the nonexistence of the father and child relationship ((only if the action is brought within a reasonable time after obtaining knowledge of relevant facts)) at any time.  After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

    (2) In an action brought by the state pursuant to this chapter, the state may be represented by either the prosecuting attorney for the county where the action is brought or by the attorney general.

    (3) Regardless of its terms, no agreement between an alleged or presumed father and the mother or child, shall bar an action under this section.

    (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process and discovery, including the taking of depositions to perpetuate testimony.

    (5) Actions under this chapter may be maintained as to any child, whether born before or after the enactment of this chapter.

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