AN ACT Relating to domestic relations; amending RCW 13.32A.175, 13.34.160, 26.09.100, 26.09.120, 26.09.135, 26.18.020, 26.18.070, 26.18.080, 26.18.100, 26.18.110, 26.18.130, 26.21.125, 26.21.140, 26.21.150, 26.21.160, 26.26.130, 26.26.132, 26.26.150, 74.04.060, 74.20.101, 74.20A.030, 74.20A.130, 74.20A.190, and 74.20A.260; adding a new section to chapter 26.21 RCW; adding a new chapter to Title 26 RCW; repealing RCW 26.09.130 and 26.18.060; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature recognizes the financial impact on custodial parents and children when child support is not received on time, or in the correct amount. The legislature also recognizes the burden placed upon the responsible parent and the second family when enforcement action must be taken to collect delinquent support.

It is the intent of the legislature to create a single Washington state support registry to improve the recordkeeping of support obligations and payments, thereby providing protection for both parties, and reducing the burden on employers by creating a single standardized process through which support payments are deducted from earnings.

It is also the intent of the legislature that all child support payments be made by a payroll deduction whenever possible, facilitating the payment of child support on a regular basis and reducing the frequency of collection action taken against the responsible parent.

To that end, it is the intent of the legislature to interpret all existing statutes and processes to give effect to, and to implement, one single registry for recording and distributing support payments in this state. The Washington state support registry shall, in cooperation with the clerks of court in the thirty-nine counties, give effect to the intent of the legislature that, within five years of the effective date of this section, all support moneys paid on behalf of children in this state are paid through the Washington state support registry.

NEW SECTION. Sec. 2. (1) The definitions contained in RCW 74.20A.020 shall be incorporated into and made a part of this chapter.

(2) "Support order" means a superior court order or administrative order, as defined in RCW 74.20A.020.

(3) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. Earnings shall specifically include all gain from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.

(4) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of an amount required by law to be withheld.

(5) "Employer" means any person or entity who pays or owes earnings to the responsible parent including but not limited to the United States government, or any state or local unit of government.

(6) "Employee" means a person to whom an employer is paying, owes or anticipates paying earnings as a result of services performed.

NEW SECTION. Sec. 3. There is created a Washington state support registry within the office of support enforcement as the agency designated in Washington state to administer the child support program under Title VI-D of the federal social security act. The registry shall:

(1) Account for and disburse all support payments received by the registry;

(2) Maintain the necessary records including, but not limited to, information on support orders, support debts, the date and amount of support due; the date and amount of payments; and the names, social security numbers, and addresses of the parties;

(3) Develop procedures for providing information to the parties regarding action taken by, and support payments collected and distributed by the registry;

(4) Provide responsible parents, who have been awarded visitation rights in an action in superior court with the address and location of children, for whom support is payable through the registry pursuant to RCW 74.04.060.

The child support registry shall distribute all moneys received in compliance with 42 U.S.C. Sec. 657. When a responsible parent has more than one support obligation, or a support debt is owed to more than one party, moneys received will be distributed between the parties proportionally, based upon the amount of the support obligation and/or support debt owed.

If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate.

NEW SECTION. Sec. 4. Any employer doing business in the state of Washington, other than the United States government, shall notify the Washington state support registry of the employment of any person who is a resident of the state of Washington to whom the employer anticipates paying earnings for more than eight hours per pay period. Notification to the Washington state support registry shall be in writing and shall be made within five days of the employment of the person. Said notice shall include the name and address of the employer, and the name, the social security number, the address and monthly earnings of the employee. Notification may be by means of a copy of the W-4 form, if a W-4 form is prepared. In situations where employees are laid off, separated, or terminated from employment and subsequently rehired, the subsequent rehiring shall be deemed to be a new hiring requiring new notice to the Washington state support registry.

NEW SECTION. Sec. 5. (1) The superior court shall include in all superior court orders which establish or modify a support obligation, a provision which orders and directs the responsible parent to make all support payments to the Washington state support registry. The superior court shall also include a provision which directs that payments be made, whenever possible, by payroll deduction.

(2) 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 direct that payments be made, whenever possible, by payroll deduction.

(3) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and authorize payment by means of payroll deduction, the office of support enforcement 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.

(4) Every support order shall state:

(a) That payment shall be made to the Washington state support registry;

(b) That payment by payroll deduction is authorized without further notice to either party;

(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, and name of employer of the responsible parent;

(g) The social security number and residence address of the custodial parent;

(h) The names, dates of birth, and social security numbers, if any, of the dependent children; and

(i) That the parties are to notify the Washington state support registry of any change in residence address.

(5) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation.

(6) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who are not recipients of public assistance is deemed to be a request for support enforcement services under RCW 74.20A.040.

(7) After the requirements of subsection (1), (2), or (3) of this section have been satisfied, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction. 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. 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.

NEW SECTION. Sec. 6. (1) The office of support enforcement is authorized to serve a notice of payroll deduction upon an employer for child support obligations in compliance with section 5 (1), (2), or (3) of this act. Service shall be by personal service or by any form of mail requiring a return receipt.

(2) Service of a notice of payroll deduction upon an employer requires an employer to immediately make a mandatory payroll deduction from the responsible parent/employee's disposable earnings. The employer shall 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/employee's disposable earnings.

(3) A notice of payroll deduction for support shall have priority over any wage assignment or garnishment.

(4) The notice of payroll deduction shall include:

(a) The name and social security number of the employee;

(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 by the employer;

(c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; and

(d) The address to which the payments are to be mailed or delivered.

(5) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

(6) An employer who receives a notice of payroll deduction shall make immediate deductions from the employee's disposable earnings and remit proper amounts to the Washington state support registry on each date the employee is due to be paid.

(7) An employer, upon whom a notice of payroll deduction is served, shall make an answer to the Washington state support registry 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, whether the employer anticipates paying earnings 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.

(8) The employer shall notify the Washington state registry in writing when an employee subject to a child support payroll deduction terminates employment, and of the name of the new employer and address, if known.

NEW SECTION. Sec. 7. (1) The employer may combine amounts withheld from the earnings of more than one employee in a single payment to the Washington state support registry, listing separately the amount of the payment which is attributable to each individual employee.

(2) No employer who complies with a notice of payroll deduction under this chapter shall be civilly liable to the employee for complying with a notice of payroll deduction under this chapter.

NEW SECTION. Sec. 8. Employers are prohibited from asking a prospective employee about the existence of a support order or obligation in a preemployment interview.

No employer shall discipline, discriminate against, or discharge an employee or refuse to hire a person by reason of an action authorized in this chapter. If an employer disciplines, discriminates against, or discharges an employee or refuses to hire a person in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and any other damages suffered as a result of the violation and for costs and reasonable attorney fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.

NEW SECTION. Sec. 9. The employer shall be liable to the Washington state support registry for one hundred percent of the amount of the support debt, or the amount of support moneys which should have been withheld from the employee's earnings, whichever is the lesser amount, if the employer:

(1) Fails to notify the registry of the employment of any person who is a resident of this state to whom the employer owes or anticipates paying earnings for more than eight hours per pay period;

(2) Fails or refuses, upon being served with a notice of payroll deduction, to deduct and promptly remit the amounts of money required in the notice; or

(3) Fails or refuses to submit an answer to the notice of payroll deduction or to report other information required in this chapter.

Liability may be established in superior court or may be established pursuant to RCW 74.20A.270. Awards in superior court and in actions pursuant to RCW 74.20A.270 shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorney fees and staff costs as a part of the award. Debts established pursuant to this section may be collected pursuant to chapter 74.20A RCW utilizing any of the remedies contained in that chapter.

NEW SECTION. Sec. 10. The department shall establish, by regulation, a process that may be utilized when a support order does not state the obligation to pay current and future support as a fixed dollar amount, or if there is a dispute about the amount of the support debt owed under a support order. This process is authorized in order to facilitate enforcement of the support order, and is intended to implement and effectuate the terms of the order rather than to modify those terms.

The process shall provide for a notice to be served on the responsible parent by personal service or any form of mailing requiring a return receipt. The notice shall contain an initial finding of the amount of current and future support that should be paid and/or the amount of the support debt owed under the support order.

The notice shall direct the responsible parent to appear and show cause at a hearing held by the department why the amount of current and future support to be paid and/or the amount of the support debt is incorrect and should not be ordered. The notice shall provide that the responsible parent has twenty days from the date of the service of the notice to request an administrative hearing or initiate an action in superior court. If the responsible parent does not request a hearing or initiate an action in superior court, the amount of current and future support and/or the amount of the support debt stated in the notice shall be subject to collection action.

If the responsible parent does not initiate such an action in superior court, and serve notice of the action on the department within the twenty-day period, the responsible parent shall be deemed to have made an election of remedies and shall be required to exhaust administrative remedies under this chapter with judicial review available as provided for in RCW 34.04.130.

The administrative hearing shall be a contested hearing under chapter 34.04 RCW and shall be conducted in accordance with the rules and regulations adopted by the department and the office of administrative hearings.

An administrative order entered in accordance with this section shall state the basis, rationale, or formula upon which the amounts established in the order were based. The amount of current and future support and/or the amount of the support debt determined under this section shall be subject to collection under this chapter and other applicable state statutes.

The regulation shall also provide for an annual review of the support order if either the office of support enforcement or the responsible parent requests such a review.

Sec. 11. Section 15, chapter 298, Laws of 1981 and RCW 13.32A.175 are each amended to read as follows:

In any proceeding in which the court approves an alternative residential placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving alternative residential placement shall be in compliance with the provisions of section 5 of this 1987 act.

Sec. 12. Section 8, chapter 160, Laws of 1913 as last amended by section 8, chapter 195, Laws of 1981 and RCW 13.34.160 are each amended to read as follows:

In any case in which the court shall find the child dependent, it may in the same or subsequent proceeding upon the parent or parents, guardian, or other person having custody of said child, being duly summoned or voluntarily appearing, proceed to inquire into the ability of such persons or person able to support the child or contribute ((~~to its support, and if the court shall find such person or persons able to support the child or contribute~~)) thereto, the court may enter such order or decree as shall be according to equity in the premises, and may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of section 5 of this 1987 act.

Sec. 13. Section 10, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.100 are each amended to read as follows:

In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support, ((~~after considering all relevant factors but without regard to marital misconduct,~~)) the court ((~~may~~)) shall order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay ((~~an amount reasonable or necessary for his support~~)) child support pursuant to the principles stated in and the scale adopted under RCW 74.20.270.

Sec. 14. Section 12, chapter 157, Laws of 1973 1st ex. sess. as amended by section 3, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.120 are each amended to read as follows:

(1) The court ((~~may, upon its own motion or upon motion of either party,~~)) shall order support ((or)) and maintenance payments to be made to((:

~~(a) The person entitled to receive the payments; or~~

~~(b) The department of social and health services pursuant to chapters 74.20 and 74.20A RCW; or~~

~~(c) The clerk of court as trustee for remittance to the person entitled to receive the payments~~)) the Washington state support registry.

(2) Maintenance payments, when ordered in an action where there is no dependent child, may be ordered to be paid to the person entitled to receive the payments, or the clerk of the court as trustee for remittance to the persons entitled to receive the payments. If maintenance payments are made to the clerk of court((:

~~(a)~~)), the clerk shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order((~~; and~~)).

((~~(b)~~)) (3) The parties affected by the order shall inform the ((~~clerk of the court~~)) registry through which the payments are ordered to be paid of any change of address or of other conditions that may affect the administration of the order.

Sec. 15. Section 21, chapter 260, Laws of 1984 as amended by section 1, chapter 138, Laws of 1986 and RCW 26.09.135 are each amended to read as follows:

((~~(1)~~)) Every court order or decree establishing a child support obligation shall ((~~state:~~

(a) That if a support payment is more than fifteen days past due in an amount equal to or greater than the support payable for one month, the obligee of the support payments may seek a mandatory wage assignment under chapter 26.18 RCW without prior notice to the obligor;

~~(b) The income of the parties, if known, or that their income is unknown, or the anticipated income upon which the support award is based;~~

~~(c) The support award as a fixed dollar sum or the formula by which the calculation of support is made;~~

~~(d) The specific day or date on which the support payment is due;~~

~~(e) The social security numbers, if known, of the obligor and obligee of the support payments; and~~

~~(f) Which party has or parties have custody of each child for whom an order of support is entered.~~

~~(2) Failure to comply with subsection (1) of this section does not affect the validity of the support order~~)) be entered in compliance with the provisions of section 5 of this 1987 act.

Sec. 16. Section 2, chapter 260, Laws of 1984 and RCW 26.18.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Dependent child" means any child for whom a support order has been established or for whom a duty of support is owed.

(2) "Duty of support" means the duty to provide for the needs of a dependent child, which may include necessary food, clothing, shelter, education, and health care. The duty includes any obligation to make monetary payments, to pay expenses, including spousal maintenance, or to reimburse another person or an agency for the cost of necessary support furnished a dependent child. The duty may be imposed by court order, by operation of law, or otherwise.

(3) "Obligee" means the custodian of a dependent child, or person or agency, to whom a duty of support is owed, or the person or agency to whom the right to receive or collect support has been assigned.

(4) "Obligor" means the person owing a duty of support.

(5) "Support order" means any judgment, decree, or order of support issued by the superior court or authorized agency of the state of Washington; or a judgment, decree, or other order of support issued by a court or agency of competent jurisdiction in another state or country, which has been registered or otherwise made enforceable in this state.

(6) "Employer" includes the United States government, a state or local unit of government, and any person or entity who pays or owes earnings to the obligor.

(7) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(8) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld.

Sec. 17. Section 7, chapter 260, Laws of 1984 and RCW 26.18.070 are each amended to read as follows:

(1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is more than fifteen days past due in child support payments in an amount equal to or greater than the support payable for one month. The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

(a) That the obligor, stating his or her name and residence, is more than fifteen days past due in child support payments in an amount equal to or greater than the support payable for one month;

(b) A description of the terms of the support order requiring payment of support, and the amount past due;

(d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor ((~~as required by RCW 26.18.060~~)) at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for support states that the obligee may seek a mandatory wage assignment without notice to the obligor; and

(e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

(2) If the court in which a mandatory wage assignment is sought does not already have a copy of the support order in the court file, then the obligee shall attach a copy of the support order to the petition or motion seeking the wage assignment.

Sec. 18. Section 8, chapter 260, Laws of 1984 and RCW 26.18.080 are each amended to read as follows:

(1) Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 26.18.070, the court shall issue a wage assignment order, as provided in RCW 26.18.100 and including the information required in RCW 26.18.090(1), directed to the employer, and commanding the employer to answer the order on the forms served with the order that comply with RCW 26.18.120 within twenty days after service of the order upon the employer.

(2) The clerk of the court shall forward a copy of the mandatory wage assignment order, a true and correct copy of the support orders in the court file, and a statement containing the obligee's address and social security number shall be forwarded to the Washington state support registry within five days of the entry of the order.

Sec. 19. Section 10, chapter 260, Laws of 1984 and RCW 26.18.100 are each amended to read as follows:

The wage assignment order shall be substantially in the following form:

@lb IN THE SUPERIOR COURT OF THE STATE OF

WASHINGTON IN AND FOR THE COUNTY OF

!sc.,020

!tn3 !ix!w×,!tl!ss1!ix

!ix!sc ,004Obligee!tj1!tlNo.!w×!tl

!ix!sc ,006vs.

!ix!w×,!tl!ss1!tlWAGE ASSIGNMENT

!ix!sc ,004Obligor!tj1!tlORDER

!ix!w×,!tl

!ix!sc ,004Employer

!ixTHE STATE OF WASHINGTON TO:!SC ,2!ss1!W×

!tj2!tlEmployer

!ixAND TO:!sc ,2!W×

Obligor

@la The above-named obligee claims that the above-named obligor is more than fifteen days past due in child support payments in an amount equal to or greater than the child support payable for one month. The amount of the accrued child support debt as of this date is .......... dollars, the amount of arrearage payments specified in the support order (if applicable) is .......... dollars per .......... , and the amount of the current and continuing support obligation under the support order is .......... dollars per .......... .

You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

If you possess any earnings due and owing to the obligor, then you shall do as follows:

(1) Withhold from the obligor's earnings each month, or from each regular earnings disbursement, the lesser of:

(a) The sum of the accrued support debt and the current support obligation;

(b) The sum of the specified arrearage payment amount and the current support obligation; or

(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

You shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by the court that the wage assignment has been modified or terminated. You shall promptly notify the court and the Washington state support registry if and when the employee is no longer employed by you.

You shall deliver the withheld earnings to the ((~~clerk of the court that issued this wage assignment order~~)) Washington state support registry at each regular pay interval, but the first delivery shall occur no sooner than twenty days after your receipt of this wage assignment order.

You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold or deliver under chapter 74.20A RCW.

@lb !ic2,2WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER.

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

!tn3!tl!w×!tc!ss1!tc!sc.,024

!tcObligee,!tl!ss1!tcJudge/Court!sc ,1Commissioner

!tcor!sc ,1obligee's attorney

@la!ix

Sec. 20. Section 11, chapter 260, Laws of 1984 and RCW 26.18.110 are each amended to read as follows:

(1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple child support attachments against the obligor.

(2) If the employer possesses any earnings due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the ((~~clerk of the court that issued the wage assignment order~~)) Washington state support registry at each regular pay interval, but the first delivery shall occur no sooner than twenty days after receipt of the wage assignment order.

(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by the court that the wage assignment has been modified or terminated. The employer shall promptly notify the ((~~court~~)) Washington state support registry when the employee is no longer employed.

(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the ((~~superior court clerk~~)) Washington state support registry; and (b) one dollar for each subsequent disbursement to the clerk.

(5) An order for wage assignment for support entered under this chapter shall have priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold and deliver under chapter 74.20A RCW.

(6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable for the amounts disbursed to the obligor in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law.

(7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding.

(8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law.

(9) An employer may combine amounts withheld from various employees into a single payment to the superior court clerk, if the payment includes a listing of the amounts attributable to each employee and other information as required by the clerk.

(10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.

Sec. 21. Section 13, chapter 260, Laws of 1984 and RCW 26.18.130 are each amended to read as follows:

(1) Service of the wage assignment order on the employer is invalid unless it is served with ((~~four~~)) five answer forms in substantial conformance with RCW 26.18.120, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the Washington state support registry, the obligee's attorney or the obligee, and the obligor. The obligee shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.

(2) On or before the date of service of the wage assignment order on the employer, the obligee shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor's last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the obligor has suffered substantial injury due to the failure to mail or serve the copy.

NEW SECTION. Sec. 22. A new section is added to chapter 26.21 RCW to read as follows:

In establishing or modifying a child support obligation, the court shall order child support payments pursuant to the principles stated in and the scale adopted under RCW 74.20.270.

Sec. 23. Section 22, chapter 260, Laws of 1984 as amended by section 2, chapter 138, Laws of 1986 and RCW 26.21.125 are each amended to read as follows:

((~~(1)~~)) Every court order or decree establishing a child support obligation shall ((~~state:~~

~~(b) The income of the parties, if known, or that their income is unknown, or the anticipated income upon which the support award is based;~~

~~(c) The support award as a fixed dollar sum or the formula by which the calculation of support is made;~~

~~(d) The specific day or date on which the support payment is due;~~

~~(e) The social security numbers, if known, of the obligor and obligee of the support payments; and~~

~~(f) Which party has or parties have custody of each child for whom an order of support is entered.~~

~~(2) Failure to comply with subsection (1) of this section does not affect the validity of the support order~~)) be entered in compliance with section 5 of this 1987 act.

Sec. 24. Section 15, chapter 196, Laws of 1951 as amended by section 21, chapter 45, Laws of 1963 and RCW 26.21.140 are each amended to read as follows:

In addition to the foregoing powers, the court of this state when acting as the responding state has the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular:

(1) To require the respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the respondent;

(2) To require the respondent to make payments at specified intervals to the ((~~clerk of the court~~)) Washington state support registry and to report personally to ((~~such clerk~~)) the Washington state support registry at such times as may be deemed necessary;

(3) To punish the respondent who shall violate any order of the court to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court.

Sec. 25. Section 16, chapter 196, Laws of 1951 as amended by section 22, chapter 45, Laws of 1963 and RCW 26.21.150 are each amended to read as follows:

The court of this state when acting as a responding state shall have the following duties which ((~~may~~)) shall be carried out through the ((~~clerk of the court~~)) Washington state support registry:

(1) Upon the receipt of a payment made by the respondent pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state, and

(2) Upon request to furnish to the court of the initiating state a certified statement of all payments made by the respondent.

Sec. 26. Section 17, chapter 196, Laws of 1951 as amended by section 23, chapter 45, Laws of 1963 and RCW 26.21.160 are each amended to read as follows:

The court of this state when acting as an initiating state shall have the duty which ((~~may~~)) shall be carried out through the ((~~clerk of the court~~)) Washington state support registry to receive and disburse forthwith all payments made by the respondent or transmitted by the court of the responding state.

Sec. 27. Section 14, chapter 42, Laws of 1975-'76 2nd ex. sess. as amended by section 8, chapter 41, Laws of 1983 1st ex. sess. and RCW 26.26.130 are each amended to read as follows:

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just: PROVIDED HOWEVER, That the court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

(5) ((~~In determining the amount to be paid~~)) The court shall order payment by a parent for support of the child and the period during which the duty of support is owed((~~, the court shall consider all relevant facts, including, but not limited to:~~

~~(a) The needs of the child;~~

~~(b) The standard of living and circumstances of the parents;~~

~~(c) The relative financial means of the parents;~~

~~(d) The earning ability of the parents;~~

~~(e) The need and capacity of the child for education, including higher education;~~

~~(f) The age of the child;~~

~~(g) The responsibility of the parents for the support of others; and~~

~~(h) The value of services contributed by the custodial parent~~)) pursuant to the principles states in and the scales adopted under RCW 74.20.270.

(6) In determining custody, a court, in accordance with the best interests of the child, shall consider all relevant facts including:

(a) The wishes of the child's parents or parent as to the child's custody and as to visitation;

(b) The wishes of the child as to the child's custodian and as to visitation privileges;

(c) The interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may significantly affect the child's best interests;

(d) The child's adjustment to home, school, and community; and

(e) The mental and physical health of all individuals involved.

The court shall not consider conduct of a proposed custodian that does not affect the welfare of the child.

(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

Sec. 28. Section 23, chapter 260, Laws of 1984 as amended by section 3, chapter 138, Laws of 1986 and RCW 26.26.132 are each amended to read as follows:

((~~(1)~~)) Every court order or decree establishing a child support obligation shall ((~~state:~~

~~(b) The income of the parties, if known, or that their income is unknown, or the anticipated income upon which the support award is based;~~

~~(c) The support award as a fixed dollar sum or the formula by which the calculation of support is made;~~

~~(d) The specific day or date on which the support payment is due;~~

~~(e) The social security numbers, if known, of the obligor and obligee of the support payments; and~~

~~(f) Which party has or parties have custody of each child for whom an order of support is entered.~~

~~(2) Failure to comply with subsection (1) of this section does not affect the validity of the support order~~)) be entered in compliance with section 5 of this 1987 act.

Sec. 29. Section 16, chapter 42, Laws of 1975-'76 2nd ex. sess. and RCW 26.26.150 are each amended to read as follows:

(1) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the state of Washington, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

(2) The court ((~~may~~)) shall order support payments to be made to the ((department of social and health services pursuant to chapters 74.20 and 74.20A RCW, to a parent, the clerk of the court, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court)) Washington state support registry.

(3) All remedies for the enforcement of judgments apply.

Sec. 30. Section 74.04.060, chapter 26, Laws of 1959 as last amended by section 32, chapter 41, Laws of 1983 1st ex. sess. and RCW 74.04.060 are each amended to read as follows:

For the protection of applicants and recipients, the department and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title. In any judicial proceeding, except such proceeding as is directly concerned with the administration of these programs, such records, files, papers and communications, and their contents, shall be deemed privileged communications and except for the right of any individual to inquire of the office whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or negative answer. However, upon written request of a parent who has been awarded visitation rights in an action for divorce or separation or any parent with legal custody of the child, the department shall disclose to him or her the ((~~current~~)) last known address and location of his or her natural or adopted children. Prior to disclosing the information, the department shall mail notice to the last known address of the custodial parent. Information supplied to a parent by the department shall be used only for purposes directly related to the enforcement of the visitation and custody provisions of the court order of separation or decree of divorce. No parent shall disclose such information to any other person except for the purpose of enforcing visitation provisions of the said order or decree.

The county offices shall maintain monthly at their offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title, together with the amount paid to each during the preceding month.

The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees when performing duties directly connected with the administration of this title, such as regulation and investigation directly connected therewith: PROVIDED, HOWEVER, That any information so obtained by such persons or groups shall be treated with such degree of confidentiality as is required by the federal social security law.

It shall be unlawful, except as provided in this section, for any person, body, association, firm, corporation or other agency to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a gross misdemeanor.

Sec. 31. Section 16, chapter 173, Laws of 1969 ex. sess. as last amended by section 13, chapter 171, Laws of 1979 ex. sess. and RCW 74.20.101 are each amended to read as follows:

Whenever, as a result of any action, support money is paid by the person or persons responsible for support, such payment shall be paid through the ((~~support enforcement and collections unit of the state department of social and health services~~)) Washington state support registry if the support order contains a provision directing the responsible parent to make support payments through the registry or upon written notice by the ((~~department~~)) office of support enforcement to the responsible ((~~person~~)) parent or to the clerk of the court, if appropriate, that ((~~the children for whom a support obligation exists are receiving public assistance or that the support debt has been assigned to the department~~)) all future support payments must be made through the registry.

After service on a responsible parent of a notice under this section or RCW 74.20A.040 or 74.20A.055, payment of moneys ((~~or in-kind providings~~)) for the support of the responsible parent's children which are not paid to the ((~~department~~)) Washington state support registry shall not be credited against or set-off against any obligation to provide support which has been assigned to the department, whether the obligation has been determined by court order, or pursuant to RCW 74.20A.055, or is unliquidated.

Sec. 32. Section 3, chapter 164, Laws of 1971 ex. sess. as last amended by section 5, chapter 276, Laws of 1985 and RCW 74.20A.030 are each amended to read as follows:

The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of said child or children, if public assistance money is paid to or for the benefit of the child, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the state of Washington to obtain reimbursement of moneys expended, based on the support obligation of the responsible parent established by a superior court order or RCW 74.20A.055. Distribution of any support moneys shall be made in accordance with 42 U.S.C. Sec. 657.

((No)) Public assistance moneys shall be exempt from collection ((~~shall be made from a parent or other person who is the recipient of public assistance moneys while such person or persons are in such status~~)) action under this chapter except as provided in RCW 74.20A.270.

No collection action shall be taken against parents of children eligible for admission to, or children who have been released from, a state school for the developmentally disabled as defined by chapter 72.33 RCW.

The department may initiate, continue, maintain, or execute action to establish, enforce, and collect a support obligation, including establishing paternity and performing related services, under this chapter and chapter 74.20 RCW, or through the attorney general or prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21, or 26.26 RCW or other appropriate statutes or the common law of this state, for a period not to exceed three months from the month following the month in which the family or any member thereof ceases to receive public assistance and thereafter if a nonassistance request for support enforcement services has been made under RCW 74.20.040.

Sec. 33. Section 13, chapter 164, Laws of 1971 ex. sess. as amended by section 12, chapter 183, Laws of 1973 1st ex. sess. and RCW 74.20A.130 are each amended to read as follows:

Whenever a support lien has been filed pursuant to RCW 74.20A.060, the secretary may collect the support debt stated in said lien by the distraint, seizure, and sale of the property subject to said lien. Not less than ten days prior to the date of sale, the secretary shall ((~~give notice~~)) cause a copy of the notice of sale to be transmitted by regular mail and by any form of mailing requiring a return receipt to the debtor and any person known to have or claim an interest ((~~therein of the general description of the property to be sold and the time and place of sale of said~~)) in the property. Said notice shall ((~~be given to such persons by certified mail, return receipt requested or by service in the manner prescribed for the service of a summons in a civil action~~)) contain a general description of the property to be sold and the time, date, and place of the sale. ((A)) The notice ((~~specifying the property to be sold~~)) of sale shall be posted in at least two public places in the county wherein the distraint has been made. The time of sale shall not be less than ten nor more than twenty days from the date of posting of such notices. Said sale shall be conducted by the secretary, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the secretary may declare such property to be purchased by the department for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor's account shall be credited with the amount for which the property has been sold. Property acquired by the department as herein prescribed may be sold by the secretary at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the department of social and health services. In all cases of sale, as aforesaid, the secretary shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the secretary to make such sale and conclusive evidence of the regularity of his proceeding in making the sale, and shall transfer to the purchaser all right, title, and interest of the debtor in said property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the department, shall be first applied by the secretary to reimbursement of the costs of distraint and sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the secretary shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the state or its political subdivisions or by the secretary for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from distraint, seizure, and sale under this chapter such property as is exempt therefrom under the laws of this state.

Sec. 34. Section 19, chapter 164, Laws of 1971 ex. sess. as amended by section 17, chapter 183, Laws of 1973 1st ex. sess. and RCW 74.20A.190 are each amended to read as follows:

The secretary may assess and collect interest of six percent per annum on any support debt due and owing to the department under RCW 74.20A.030 ((~~may be collected by the secretary~~)) or which the department has been authorized to enforce and collect under RCW 74.20.040 at the maximum rate permitted under RCW 19.52.020. No provision of this chapter shall be construed to require the secretary to maintain interest balance due accounts and said interest may be waived by the secretary, if said waiver would facilitate the collection of the debt.

Sec. 35. Section 24, chapter 183, Laws of 1973 1st ex. sess. and RCW 74.20A.260 are each amended to read as follows:

((~~One hundred percent of the temporary total~~)) Disability payments ((and permanent total disability compensation to a workman allocated by RCW 51.32.090 and 51.32.060 respectively to the spouse and children of a workman, and forty percent of the net proceeds of payments to a workman for permanent partial disability under RCW 51.32.080)) made pursuant to Title 51 RCW shall ((~~not~~)) be classified as (("))earnings((" but shall be subject to lien or order to withhold and deliver and said lien or order to withhold and deliver shall continue to operate and require any political subdivision or department of the state to withhold the above stated portions at each subsequent disbursement or receipt interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld)) and shall be subject to collection action by the office for support enforcement under this chapter and all other applicable state statutes.

NEW SECTION. Sec. 36. Sections 1 through 10 of this act shall constitute a new chapter under Title 26 RCW.

NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:

(1) Section 13, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.130; and

(2) Section 6, chapter 260, Laws of 1984 and RCW 26.18.060.

NEW SECTION. Sec. 38. This act shall take effect January 1, 1988.