AN ACT Relating to excluding veterans' disability related compensation or benefits from consideration in determining child support obligations; amending RCW 26.19.045 and 26.19.055; adding a new section to chapter 26.18 RCW; and adding a new section to chapter 74.20A RCW.

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

Sec. 1.  RCW 26.19.045 and 1991 c 367 s 30 are each amended to read as follows:

(1) Veterans' disability pensions or regular compensation for disability incurred in or aggravated by service in the United States armed forces ((paid by the veterans' administration shall be disclosed to the court. The court may consider either type of compensation as disposable income for purposes of calculating the child support obligation.));

(2) Aid and attendant care payments to prevent hospitalization paid by the veterans' administration solely to provide physical home care for a disabled veteran((,)); and

(3) Special medical compensation paid under 38 U.S.C. Sec. ((314)) 1114 (k) through (((r))) (t) to provide either special care or special aids, or both, to assist with routine daily functions ((shall also be disclosed. The court may not include either aid and attendant care or special medical compensation payments in gross income for purposes of calculating the child support obligation or for purposes of deviating from the standard calculation)).

Sec. 2.  RCW 26.19.055 and 1991 c 367 s 31 are each amended to read as follows:

Payments from any source, other than ((veterans' aid and attendance allowances or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r))) those identified in RCW 26.19.045, for services provided by an attendant in case of a disability when the disability necessitates the hiring of the services of an attendant shall be disclosed but shall not be included in gross income and shall not be a reason to deviate from the standard calculation.

NEW SECTION.  Sec. 3.  A new section is added to chapter 26.18 RCW to read as follows:

The disability related benefits or compensation paid by the veterans' administration listed in RCW 26.19.045 are not subject to garnishment or other collection action for enforcement of a child support order under this chapter and all other applicable statutes.

NEW SECTION.  Sec. 4.  A new section is added to chapter 74.20A RCW to read as follows:

The disability related benefits or compensation paid by the veterans' administration listed in RCW 26.19.045 are not subject to collection action by the department for support enforcement under this chapter and all other applicable statutes.

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