FINAL BILL REPORT

SHB 1635

PARTIAL VETO

                                  C 360 L 89

BYHouse Committee on Judiciary (originally sponsored by Representatives Brough, Appelwick and G. Fisher; by request of  Department of Social and Health Services)

Making changes to support enforcement provisions.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

A civil action to enforce a judgment or decree must be commenced within 10 years.  A judgment becomes a lien on the property of the judgment debtor and remains in effect for 10 years.  Judgments based on a child support debt accrue interest at 6 percent per year.

A continuing lien on wages has priority over any subsequent garnishment or wage assignment.

Federal pensions are exempt from garnishment, execution, or attachment, unless otherwise provided by federal law.  Except for wage assignments and administrative orders for child support, state pensions are generally exempt from execution, garnishment, or attachment.  The Department of Social and Health Services (DSHS) may attach the bank accounts of a parent obligated to pay child support by serving an order to withhold and deliver on the bank branch where the account is located. The general garnishment statute allows a creditor to serve the garnishment on the main branch and attach all accounts of the debtor in all the financial institution's branches.

DSHS may enter an administrative order to any person to withhold and deliver property, including wages, to DSHS to satisfy a support debt owed to the department.  The order may be issued 21 days after the debtor is notified of a support debt.  If the person served with the order fails to comply, he or she is liable for 100 percent of the value of the debt, plus costs, interest, and reasonable attorney's fees.

Within DSHS's Office of Support Enforcement is the Washington State Support Registry.  The support registry collects and disburses support paid to the registry.  A person who has been ordered to make support payments through the registry is not entitled to a credit for any payments which are not paid through the registry.

DSHS must issue a notice of support debt prior to taking action to enforce a superior court order for child support.  The notice must state the amount of debt owed and include a statement that the property of the debtor may be seized. The department may not initiate collection proceedings until at least 20 days after the notice has been served.

Twenty-one days after service of the notice of support debt or other notice of financial responsibility, the department may assert a lien on the real and personal property of the debtor.  The lien attaches from the date of filing with the county auditor in any county in which the property is located.  A lien against wages attaches when filed with the county auditor of the county in which the employer is located.

DSHS may accept requests from other states to provide child support enforcement services.  The request from the other state must include a signed authorization from the state and from the person to whom support is owed granting the department authority to initiate enforcement proceedings.  The department may require additional information and documentation.

At the time it enters an order for child support, the court must order payments to be made through the support registry or, if it determines that the parties have agreed to a plan that has assurances that support will be paid, to the person entitled to receive support.  The support order must include a statement that a notice of payroll deduction may be issued if support is 15 days or more past due in an amount equal to one month's support.  The support order must also include the custodial parent's social security number and address.

The Child Support Schedule Commission has 11 members, including the Secretary of DSHS, the Attorney General, and the Administrator for the Courts.

In proceedings under the Uniform Parentage Act, the court may enter an order for child support in appropriate circumstances.  In determining child support, the court is directed to consider a number of factors.  In proceedings for a dissolution of marriage, the court may order either or both parents to pay child support based on the child support schedule.

When the Legislature created the Washington State Child Support Registry, DSHS and the Employment Security Department were directed to study ways in which reports to the agencies could be combined for the purposes of both agencies.

SUMMARY:

A civil action to enforce a judgment for past due child support under an order entered after the effective date of the act may be commenced within 10 years after the youngest child subject to the support order turns 18. Liens for child support orders entered after the effective date of the act are also effective for the same period.  Judgments based on a child support debt accrue interest at 12 percent per year.

A continuing lien on wages does not have priority over a notice of payroll deduction, a wage assignment, or a garnishment to enforce a child support obligation.  In addition to other collection actions to enforce a child support obligations, a notice of payroll deduction may be issued for a federal or state pension.

The penalty for a failure to comply with an order to withhold and deliver issued by DSHS is the lesser of the amount that should have been withheld under the order or 100 percent of the value of the debt.

A person who has been ordered to make payments through the support registry but who makes payments in another manner may be credited with those payments if DSHS determines that the credit would not prejudice the rights of the person entitled to receive the payments or if a court directs that a credit be given.

DSHS may initiate a collection action to enforce an administrative order of support.  Notice of intent to initiate the action need not be given if the court order or administrative order contains a statement that the collection action may be taken without further notice.  DSHS may assert a lien against property when a support obligation is past due.

A request from another state for child support enforcement services does not need to be signed by the person to whom support is owed.

For child support orders entered after July 1, 1990, the order must state that a payroll deduction may be initiated if support is past due. The 15 day grace period is eliminated.

In proceedings under the Uniform Parentage Act, the court must consider the child support schedule in determining the appropriate level of child support.

The chief administrative law judge is made the 12th member of the Child Support Schedule Commission.

In proceedings for the dissolution of a marriage, the court must order either or both parents to pay child support.  If support is ordered, the court must determine the appropriate amount based on the child support schedule.

A parent who is obligated to pay child support may file a motion for an accounting of how the support is spent.  The parent filing the motion must meet specified payment levels, based on the number of children, pay at least half of the basic support obligation, and be current in all support payments.  The motion must be accompanied by an affidavit stating facts which demonstrate that a substantial portion of the support is not benefiting the child.  If the court grants the motion, it must enter written findings of fact and may order mediation or may schedule a show cause hearing.  If the motion is denied, it must award costs and attorneys fees.  If the court determines at the show cause hearing that a substantial portion of the support is not benefiting the child, it must enter an appropriate order.  A motion for an accounting may not be filed more often than once every 12 months.

Employers in five industrial categories are required to report new employees within 35 days of hiring to the Washington State Support Registry.  Employers are not required to report employees who work less than one month, have fewer than 350 hours over six months, or earn less than $300 a month.  An employer's failure to make a report may subject the employer to a warning on the first violation and a fine of up to $250 for subsequent violations.  The reporting requirement expires July 1, 1993.  The Legislative Budget Committee is directed to report the effectiveness of the reporting system by November 7, 1992.

VOTES ON FINAL PASSAGE:

      House 86   4

      Senate    46     0 (Senate amended)

      House             (House refused to concur)

Free Conference Committee

      Senate    46     0

      House 91   6

EFFECTIVE:July 23, 1989

            May 12, 1989 (Sections 9, 10, and 16)

            July 1, 1990 (Section 39)

Partial Veto Summary:  The section of the bill providing a procedure for an accounting of how child support is spent is vetoed.  The same section also provides that the court shall order either or both parents to pay child support.  (See VETO MESSAGE)