AN
ACT Relating to jurisdiction in child support matters; amending RCW 26.09.170,
26.09.175, 26.23.130, 74.20.065, 74.20A.055, 74.20A.056, and 74.20A.080; and
repealing RCW 74.20A.058.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.09.170 and 1997 c 58 s 910 are each amended to read as follows:
(1)
Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions
of any decree respecting maintenance or support may be modified: (a) Only as
to installments accruing subsequent to the petition for modification or motion
for adjustment except motions to compel court-ordered adjustments, which shall
be effective as of the first date specified in the decree for implementing the
adjustment; and, (b) except as otherwise provided in subsections (((4), (5),
(8), and (9))) (5), (6), (9), and (10) of this section, only upon a
showing of a substantial change of circumstances. The provisions as to
property disposition may not be revoked or modified, unless the court finds the
existence of conditions that justify the reopening of a judgment under the laws
of this state.
(2)
Unless otherwise agreed in writing or expressly provided in the decree the
obligation to pay future maintenance is terminated upon the death of either
party or the remarriage of the party receiving maintenance.
(3)
Unless otherwise agreed in writing or expressly provided in the decree,
provisions for the support of a child are terminated by emancipation of the
child or by the death of the parent obligated to support the child.
(4)
Unless expressly provided by an order of the superior court or a court of
comparable jurisdiction, the support provisions of the order are terminated
upon the marriage to each other of parties to a paternity order, or upon
remarriage to each other of parties to a decree of dissolution. The remaining
provisions of the order, including provisions establishing paternity, remain in
effect.
(5)
An order of child support may be modified one year or more after it has been
entered without showing a substantial change of circumstances:
(a)
If the order in practice works a severe economic hardship on either party or
the child;
(b)
If a party requests an adjustment in an order for child support which was based
on guidelines which determined the amount of support according to the child's
age, and the child is no longer in the age category on which the current
support amount was based;
(c)
If a child is still in high school, upon a finding that there is a need to extend
support beyond the eighteenth birthday to complete high school; or
(d)
To add an automatic adjustment of support provision consistent with RCW
26.09.100.
(((5)))
(6) An order or decree entered prior to June 7, 1984, may be modified
without showing a substantial change of circumstances if the requested
modification is to:
(a)
Require health insurance coverage for a child named therein; or
(b)
Modify an existing order for health insurance coverage.
(((6)))
(7) An obligor's voluntary unemployment or voluntary underemployment, by
itself, is not a substantial change of circumstances.
(((7)))
(8) The department of social and health services may file an action to
modify an order of child support if public assistance money is being paid to or
for the benefit of the child and the child support order is twenty-five percent
or more below the appropriate child support amount set forth in the standard
calculation as defined in RCW 26.19.011 and reasons for the deviation are not
set forth in the findings of fact or order. The determination of twenty-five
percent or more shall be based on the current income of the parties and the
department shall not be required to show a substantial change of circumstances
if the reasons for the deviations were not set forth in the findings of fact or
order.
(((8)))
(9)(a) All child support decrees may be adjusted once every twenty-four
months based upon changes in the income of the parents without a showing of
substantially changed circumstances. Either party may initiate the adjustment
by filing a motion and child support worksheets.
(b)
A party may petition for modification in cases of substantially changed
circumstances under subsection (1) of this section at any time. However, if
relief is granted under subsection (1) of this section, twenty-four months must
pass before a motion for an adjustment under (a) of this subsection may be
filed.
(c)
If, pursuant to (a) of this subsection or subsection (((9))) (10)
of this section, the court adjusts or modifies a child support obligation by
more than thirty percent and the change would cause significant hardship, the
court may implement the change in two equal increments, one at the time of the
entry of the order and the second six months from the entry of the order.
Twenty-four months must pass following the second change before a motion for an
adjustment under (a) of this subsection may be filed.
(d)
A parent who is receiving transfer payments who receives a wage or salary
increase may not bring a modification action pursuant to subsection (1) of this
section alleging that increase constitutes a substantial change of
circumstances.
(e)
The department of social and health services may file an action at any time to
modify an order of child support in cases of substantially changed
circumstances if public assistance money is being paid to or for the benefit of
the child. The determination of the existence of substantially changed
circumstances by the department that lead to the filing of an action to modify
the order of child support is not binding upon the court.
(((9)))
(10) An order of child support may be adjusted twenty-four months from
the date of the entry of the decree or the last adjustment or modification,
whichever is later, based upon changes in the economic table or standards in
chapter 26.19 RCW.
Sec.
2. RCW
26.09.175 and 1992 c 229 s 3 are each amended to read as follows:
(1)
A proceeding for the modification of an order of child support shall commence
with the filing of a petition and worksheets. The petition shall be in the
form prescribed by the administrator for the courts. There shall be a fee of
twenty dollars for the filing of a petition for modification of dissolution.
(2)
The petitioner shall serve upon the other party the summons, a copy of the
petition, and the worksheets in the form prescribed by the administrator for
the courts. If the modification proceeding is the first action filed in this
state, service shall be made by personal service. If the decree to be modified
was entered in this state, service shall be by personal service or by any form
of mail requiring a return receipt. If the support obligation has been
assigned to the state pursuant to RCW 74.20.330 or the state has a subrogated
interest under RCW 74.20A.030, the summons, petition, and worksheets shall also
be served on the attorney general; except that notice shall be given to the
office of the prosecuting attorney for the county in which the action is filed
in lieu of the office of the attorney general in those counties and in the
types of cases as designated by the office of the attorney general by letter
sent to the presiding superior court judge of that county. Proof of
service shall be filed with the court.
(3)
The responding party's answer and worksheets shall be served and the answer
filed within twenty days after service of the petition or sixty days if served
out of state. The responding party's failure to file an answer within the time
required shall result in entry of a default judgment for the petitioner.
(4)
At any time after responsive pleadings are filed, either party may schedule the
matter for hearing.
(5)
Unless both parties stipulate to arbitration or the presiding judge authorizes
oral testimony pursuant to subsection (6) of this section, a petition for
modification of an order of child support shall be heard by the court on
affidavits, the petition, answer, and worksheets only.
(6)
A party seeking authority to present oral testimony on the petition to modify a
support order shall file an appropriate motion not later than ten days after
the time of notice of hearing. Affidavits and exhibits setting forth the
reasons oral testimony is necessary to a just adjudication of the issues shall
accompany the petition. The affidavits and exhibits must demonstrate the
extraordinary features of the case. Factors which may be considered include,
but are not limited to: (a) Substantial questions of credibility on a major
issue; (b) insufficient or inconsistent discovery materials not correctable by
further discovery; or (c) particularly complex circumstances requiring expert
testimony.
Sec.
3. RCW
26.23.130 and 1991 c 367 s 43 are each amended to read as follows:
The
department shall be given twenty calendar days prior notice of the entry of any
final order and five days prior notice of the entry of any temporary order in
any proceeding involving child support or maintenance if the department has a
financial interest based on an assignment of support rights under RCW 74.20.330
or the state has a subrogated interest under RCW 74.20A.030. Service of this
notice upon the department shall be by personal service on, or mailing by any
form of mail requiring a return receipt to, the office of the attorney general;
except that notice shall be given to the office of the prosecuting attorney for
the county in which the action is filed in lieu of the office of the attorney
general in those counties and in the types of cases as designated by the office
of the attorney general by letter sent to the presiding superior court judge of
that county. The department shall not be entitled to terms for a party's
failure to serve the department within the time requirements for this section,
unless the department proves that the party knew that the department had an
assignment of support rights or a subrogated interest and that the failure to
serve the department was intentional.
Sec.
4. RCW
74.20.065 and 1983 1st ex.s. c 41 s 31 are each amended to read as follows:
If
the legal custodian has been wrongfully deprived of physical custody, the
department is authorized to excuse the custodian from support payments for a
child or children receiving or on whose behalf public assistance was provided
under chapter 74.12 RCW, or for a child or children on behalf of whom the
department is providing nonassistance support enforcement services.
Sec.
5. RCW
74.20A.055 and 1997 c 58 s 940 are each amended to read as follows:
(1)
The secretary may, ((in the absence of a superior court)) if there is
no order((,)) that establishes the responsible parent's support
obligation or specifically relieves the responsible parent of a support
obligation or pursuant to an establishment of paternity under chapter 26.26
RCW, serve on the responsible parent or parents and custodial parent a
notice and finding of financial responsibility requiring ((a responsible
parent or)) the parents to appear and show cause in an adjudicative
proceeding why the finding of responsibility and/or the amount thereof is
incorrect, should not be finally ordered, but should be rescinded or modified.
This notice and finding shall relate to the support debt accrued and/or
accruing under this chapter and/or RCW 26.16.205, including periodic payments
to be made in the future. The hearing shall be held pursuant to this section,
chapter 34.05 RCW, the Administrative Procedure Act, and the rules of the
department. A custodian who has physical custody of a child has the same
rights that a custodial parent has under this section.
(2)
The notice and finding of financial responsibility shall be served in the same
manner prescribed for the service of a summons in a civil action or may be
served on the responsible parent by certified mail, return receipt requested.
The receipt shall be prima facie evidence of service. The notice shall be
served upon the debtor within sixty days from the date the state assumes
responsibility for the support of the dependent child or children on whose
behalf support is sought. If the notice is not served within sixty days from
such date, the department shall lose the right to reimbursement of payments
made after the sixty-day period and before the date of notification: PROVIDED,
That if the department exercises reasonable efforts to locate the debtor and is
unable to do so the entire sixty-day period is tolled until such time as the
debtor can be located. The notice may be served upon the custodial parent
who is the nonassistance applicant or public assistance recipient by first
class mail to the last known address. If the custodial parent is not the
nonassistance applicant or public assistance recipient, service shall be in the
same manner as for the responsible parent.
(3)
The notice and finding of financial responsibility shall set forth the amount
the department has determined the responsible parent owes, the support debt
accrued and/or accruing, and periodic payments to be made in the future. The
notice and finding shall also include:
(a)
A statement of the name of the ((recipient or custodian)) custodial
parent and the name of the child or children for whom support is sought;
(b)
A statement of the amount of periodic future support payments as to which
financial responsibility is alleged;
(c)
A statement that the responsible parent or custodial parent may object
to all or any part of the notice and finding, and file an application for an
adjudicative proceeding to show cause why ((said responsible parent should
not be determined to be liable for any or all of the debt, past and future))
the terms set forth in the notice should not be ordered;
(d)
A statement that, if neither the responsible parent ((fails)) nor
the custodial parent files in a timely fashion ((to file)) an
application for an adjudicative proceeding, the support debt and payments
stated in the notice and finding, including periodic support payments in the
future, shall be assessed and determined and ordered by the department and that
this debt and amounts due under the notice shall be subject to collection
action;
(e)
A statement that the property of the debtor, without further advance notice or
hearing, will be subject to lien and foreclosure, distraint, seizure and sale,
order to withhold and deliver, notice of payroll deduction or other collection
action to satisfy the debt and enforce the support obligation established under
the notice.
(4)
A responsible parent or custodial parent who objects to the notice and
finding of financial responsibility may file an application for an adjudicative
proceeding within twenty days of the date of service of the notice or
thereafter as provided under this subsection. ((An adjudicative proceeding
shall be held in the county of residence or other place convenient to the
responsible parent.))
(a)
If the responsible parent or custodial parent files the application
within twenty days, the ((department)) office of administrative
hearings shall schedule an adjudicative proceeding to hear the parent's or
parents' objection and determine the ((parents')) support obligation
for the entire period covered by the notice and finding of financial
responsibility. The filing of the application stays collection action pending
the entry of a final administrative order;
(b)
If both the responsible parent ((fails)) and the custodial
parent fail to file an application within twenty days, the notice and
finding shall become a final administrative order. The amounts for current and
future support and the support debt stated in the notice are final and subject to
collection, except as provided under (c) and (d) of this subsection;
(c)
If the responsible parent or custodial parent files the application more
than twenty days after, but within one year of the date of service, the ((department))
office of administrative hearings shall schedule an adjudicative
proceeding to hear the parent's or parents' objection and determine the
((parent's)) support obligation for the entire period covered by the
notice and finding of financial responsibility. The filing of the application
does not stay further collection action, pending the entry of a final
administrative order, and does not affect any prior collection action;
(d)
If the responsible parent or custodial parent files the application more
than one year after the date of service, the ((department)) office of
administrative hearings shall schedule an adjudicative proceeding at which
the ((responsible)) parent who requested the late hearing must
show good cause for failure to file a timely application. The filing of the
application does not stay future collection action and does not affect prior
collection action:
(i)
If the presiding officer finds that good cause exists, the presiding officer
shall proceed to hear the parent's objection to the notice and determine the ((parent's))
support obligation;
(ii)
If the presiding officer finds that good cause does not exist, the presiding
officer shall treat the application as a petition for prospective modification
of the amount for current and future support established under the notice and
finding. In the modification proceeding, the presiding officer shall set
current and future support under chapter 26.19 RCW. The ((responsible))
petitioning parent need show neither good cause nor a substantial change
of circumstances to justify modification of current and future support;
(e)
If the responsible parent's support obligation was based upon imputed median
net income, the grant standard, or the family need standard, the division of
child support may file an application for adjudicative proceeding more than
twenty days after the date of service of the notice. The office of
administrative hearings shall schedule an adjudicative proceeding and provide
notice of the hearing to the responsible parent and the custodial parent. The
presiding officer shall determine the support obligation for the entire period
covered by the notice, based upon credible evidence presented by the division
of child support, the responsible parent, or the custodial parent, or may
determine that the support obligation set forth in the notice is correct. The
division of child support demonstrates good cause by showing that the
responsible parent's support obligation was based upon imputed median net
income, the grant standard, or the family need standard. The filing of the
application by the division of child support does not stay further collection
action, pending the entry of a final administrative order, and does not affect
any prior collection action.
(f)
The department shall retain and/or shall not refund support money collected
more than twenty days after the date of service of the notice. Money withheld
as the result of collection action shall be delivered to the department. The
department shall distribute such money, as provided in published rules.
(5)
If an application for an adjudicative proceeding is filed, the presiding or
reviewing officer shall determine the past liability and responsibility, if
any, of the alleged responsible parent and shall also determine the amount of
periodic payments to be made in the future, which amount is not limited by the
amount of any public assistance payment made to or for the benefit of the child.
If deviating from the child support schedule in making these determinations,
the presiding or reviewing officer shall apply the standards contained in the
child support schedule and enter written findings of fact supporting the
deviation.
(6)
If either the responsible parent or the custodial parent fails to
attend or participate in the hearing or other stage of an adjudicative
proceeding, upon a showing of valid service, the presiding officer shall enter
an order of default against each party who did not appear and may enter an
administrative order declaring the support debt and payment provisions stated
in the notice and finding of financial responsibility to be assessed and
determined and subject to collection action. The parties who appear may
enter an agreed settlement or consent order, which may be different than the
terms of the department's notice. Any party who appears may choose to proceed
to the hearing, after the conclusion of which the presiding officer or
reviewing officer may enter an order that is different than the terms stated in
the notice, if the obligation is supported by credible evidence presented by
any party at the hearing.
(7)
The final administrative order establishing liability and/or future periodic
support payments shall be superseded upon entry of a superior court order for
support to the extent the superior court order is inconsistent with the
administrative order.
(8)
Debts determined pursuant to this section, accrued and not paid, are subject to
collection action under this chapter without further necessity of action by a
presiding or reviewing officer.
Sec.
6. RCW
74.20A.056 and 1997 c 58 s 941 are each amended to read as follows:
(1)
If an alleged father has signed an affidavit acknowledging paternity which has
been filed with the state registrar of vital statistics before July 1, 1997,
the division of child support may serve a notice and finding of parental
responsibility on him and the custodial parent. Procedures for and
responsibility resulting from acknowledgments filed after July 1, 1997, are in
subsections (8) and (9) of this section. Service of the notice shall be in the
same manner as a summons in a civil action or by certified mail, return receipt
requested, on the alleged father. The custodial parent shall be served by
first class mail to the last known address. If the custodial parent is not the
nonassistance applicant or public assistance recipient, service shall be in the
same manner as for the responsible parent. The notice shall have attached
to it a copy of the affidavit or certification of birth record information
advising of the existence of a filed affidavit, provided by the state registrar
of vital statistics, and shall state that:
(a)
The alleged father or custodial parent may file an application for an
adjudicative proceeding at which ((he)) they both will be
required to appear and show cause why the amount stated in the finding of
financial responsibility as to support is incorrect and should not be ordered;
(b)
An alleged father or mother, if she is also the custodial parent, may
request that a blood or genetic test be administered to determine whether such
test would exclude him from being a natural parent and, if not excluded, may
subsequently request that the division of child support initiate an action in
superior court to determine the existence of the parent-child relationship; and
(c)
If neither the alleged father ((does not request)) nor the
custodial parent requests that a blood or genetic test be administered or
file an application for an adjudicative proceeding, the amount of support
stated in the notice and finding of parental responsibility shall become final,
subject only to a subsequent determination under RCW 26.26.060 that the
parent-child relationship does not exist.
(2)
An alleged father or custodial parent who objects to the amount of
support requested in the notice may file an application for an adjudicative
proceeding up to twenty days after the date the notice was served. An
application for an adjudicative proceeding may be filed within one year of
service of the notice and finding of parental responsibility without the
necessity for a showing of good cause or upon a showing of good cause
thereafter. An adjudicative proceeding under this section shall be pursuant to
RCW 74.20A.055. The only issues shall be the amount of the accrued debt, the
amount of the current and future support obligation, and the reimbursement of
the costs of blood or genetic tests if advanced by the department. A custodian
who is not the parent of a child and who has physical custody of a child has
the same notice and hearing rights that a custodial parent has under this
section.
(3)
If the application for an adjudicative proceeding is filed within twenty days
of service of the notice, collection action shall be stayed pending a final
decision by the department. If no application is filed within twenty days:
(a)
The amounts in the notice shall become final and the debt created therein shall
be subject to collection action; and
(b)
Any amounts so collected shall neither be refunded nor returned if the alleged
father is later found not to be a responsible parent.
(4)
An alleged father ((who denies being a responsible parent)) or the
mother, if she is also the custodial parent, may request that a blood or
genetic test be administered at any time. The request for testing shall be in
writing, or as the department may specify by rule, and served on the
division of child support ((personally or by registered or certified mail)).
If a request for testing is made, the department shall arrange for the test
and, pursuant to rules adopted by the department, may advance the cost of such
testing. The department shall mail a copy of the test results by certified
mail, return receipt requested, to the alleged father's and mother's, if she
is also the custodial parent, last known address.
(5)
If the test excludes the alleged father from being a natural parent, the
division of child support shall file a copy of the results with the state
registrar of vital statistics and shall dismiss any pending administrative
collection proceedings based upon the affidavit in issue. The state registrar
of vital statistics shall remove the alleged father's name from the birth
certificate and change the child's surname to be the same as the mother's
maiden name as stated on the birth certificate, or any other name which the
mother may select.
(6)
The alleged father or mother, if she is also the custodial parent, may,
within twenty days after the date of receipt of the test results, request the
division of child support to initiate an action under RCW 26.26.060 to
determine the existence of the parent-child relationship. If the division of
child support initiates a superior court action at the request of the alleged
father or mother and the decision of the court is that the alleged
father is a natural parent, the ((alleged father)) parent who requested
the test shall be liable for court costs incurred.
(7)
If the alleged father or mother, if she is also the custodial parent,
does not request the division of child support to initiate a superior court
action, or ((if the alleged father)) fails to appear and cooperate with
blood or genetic testing, the notice of parental responsibility shall become
final for all intents and purposes and may be overturned only by a subsequent
superior court order entered under RCW 26.26.060.
(8)(a)
If an alleged father has signed an affidavit acknowledging paternity that has
been filed with the state registrar of vital statistics after July 1, 1997,
within sixty days from the date of filing of the acknowledgment:
(i)
The division of child support may serve a notice and finding of parental
responsibility on him and the custodial parent as set forth under this
section; and
(ii)
The alleged father or any other signatory may rescind his acknowledgment of
paternity. The rescission shall be notarized and delivered to the state
registrar of vital statistics personally or by registered or certified mail.
The state registrar shall remove the father's name from the birth certificate
and change the child's surname to be the same as the mother's maiden name as stated
on the birth certificate or any other name that the mother may select. The
state registrar shall file rescission notices in a sealed file. All future
paternity actions on behalf of the child in question shall be performed under
court order.
(b)
If neither the alleged father ((does not)) nor the custodial
parent files an application for an adjudicative proceeding or ((rescind
his)) rescinds the acknowledgment of paternity, the amount of
support stated in the notice and finding of parental responsibility becomes
final, subject only to a subsequent determination under RCW 26.26.060 that the
parent-child relationship does not exist.
(c)
An alleged father or custodial parent who objects to the amount of
support requested in the notice may file an application for an adjudicative
proceeding up to twenty days after the date the notice was served. An
application for an adjudicative proceeding may be filed within one year of
service of the notice and finding of parental responsibility without the
necessity for a showing of good cause or upon a showing of good cause
thereafter. An adjudicative proceeding under this section shall be pursuant to
RCW 74.20A.055. The only issues shall be the amount of the accrued debt and
the amount of the current and future support obligation.
(i)
If the application for an adjudicative proceeding is filed within twenty days
of service of the notice, collection action shall be stayed pending a final
decision by the department.
(ii)
If the application for an adjudicative proceeding is not filed within twenty
days of the service of the notice, any amounts collected under the notice shall
be neither refunded nor returned if the alleged father is later found not to be
a responsible parent.
(d)
If an alleged father or mother, if she is also the custodial parent,
makes a request for genetic testing, the department shall proceed as set forth
under RCW 74.20.360.
(e)
If neither the alleged father ((does not)) nor the custodial
parent requests an adjudicative proceeding, or if neither the
alleged father ((fails to rescind his)) nor the mother rescinds the
filed acknowledgment of paternity, the notice of parental responsibility
becomes final for all intents and purposes and may be overturned only by a
subsequent superior court order entered under RCW 26.26.060.
(9)
Affidavits acknowledging paternity that are filed after July 1, 1997, are
subject to requirements of chapters 26.26 and 70.58 RCW.
(10)
The department and the department of health may adopt rules to implement the
requirements under this section.
Sec.
7. RCW
74.20A.080 and 2000 c 86 s 8 are each 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;
(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; or
(v)
By regular mail to an address if designated by the financial institution as a
central levy or garnishment address, and if the notice is clearly identified as
a levy or garnishment order. Before the division of child support may initiate
an action for noncompliance with a withholding action against a financial
institution, the division of child support must serve the order to withhold and
deliver on the financial institution in the manner described in (d)(i) or (ii)
of this subsection.
(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 this state or 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 order to withhold and deliver
in the case where the order 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)
Within seven working days deliver the property to the secretary;
(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 within seven working days of the date
earnings are payable to the debtor;
(iv)
Deliver amounts withheld from periodic payments to the secretary 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.
(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;
(c)
A person or entity, other than an employer as defined in Title 50 RCW, who has
received the order to withhold and deliver does not possess property of or owe
money to the debtor; or
(d)
An employer who has received the order to withhold and deliver no longer
employs, contracts, or owes money to the debtor under a contract of employment,
express or implied.
(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.
(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.
(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.
(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.
(12)
Exemptions contained in RCW 74.20A.090 apply to orders to withhold and deliver
issued under this section.
(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.
(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.
(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.
NEW
SECTION. Sec. 8. RCW
74.20A.058 (Adjudicative proceeding contesting parental
responsibility--Notice to mother) and 1989 c 55 s 5 are each repealed.
