AN ACT Relating to child support; amending RCW 26.09.090, 26.09.100, 26.09.170, 26.16.205, 26.18.020, 26.19.040, and 74.20.040; and adding a new section to chapter 26.19 RCW.

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

Sec. 1. Section 9, chapter 157, Laws of 1973 1st ex. sess. as amended by section 6, chapter 375, Laws of 1989 and RCW 26.09.090 are each amended to read as follows:

(1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall specify all individual costs separately. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;

(d) The duration of the marriage;

(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and

(f) The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance.

Sec. 2. Section 10, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 7, chapter 375, Laws of 1989 and RCW 26.09.100 are each amended to read as follows:

(1) 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 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 determined pursuant to the schedule adopted under RCW 26.19.040. The support award shall specify all individual costs separately. The court may require periodic adjustments of support.

(2) A parent obligated to pay child support may file a motion for an accounting of how the support is being spent by the receiving parent. The parent filing the motion must meet the following conditions prior to filing the motion:

(a) The parent filing the motion must be obligated to pay at least fifty percent of the basic child support obligation for both parents; and

(b) If support is owed for one child, the parent must be obligated to pay at least three hundred dollars per month in child support; for two children, the parent must be obligated to pay at least five hundred twenty-five dollars per month in child support; for three or more children, the parent must be obligated to pay at least six hundred sixty dollars per month in child support.

(3)(a) If the court determines at the preliminary hearing that the motion and affidavit establish reasonable cause to believe that a substantial portion of the support is not directly benefiting the child the court may: (i) Set a show cause hearing on the motion and affidavit; or (ii) order the parents to mediate the issue with a court commissioner, family court commissioner, or other appropriate person. The court's order shall be in writing and shall set forth the facts which establish reasonable cause. The parent receiving support may be required to produce at the show cause hearing such documentation as the court determines is necessary to resolve the issue and which is reasonably available to the parent. The parent receiving support shall not be required to provide documentation for expenditures for more than six months prior to the time of the filing of the motion.

(b) The court may award reasonable attorneys' fees to the parent receiving support if the court determines that:

(i) The motion was brought in bad faith, for harassment, or frivolously; or

(ii) The motion was based on material statements of fact which were false.

(4) If at the show cause hearing on the motion and affidavit the parent obligated to pay support demonstrates by a preponderance of the evidence that a substantial portion of the support is not directly or indirectly benefiting the child, the court shall enter an appropriate order directing the parent receiving the support to spend the child support to benefit the child. The court may allow all or part of the child support payments to be paid to an approved third party for the benefit of the child.

(5) A motion and affidavit for an accounting of child support expenditures may not be filed more than once every twelve months.

Sec. 3. Section 17, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 416, Laws of 1989 and RCW 26.09.170 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 only as to installments accruing subsequent to the ((~~motion~~)) ruling for modification and, except as otherwise provided in subsection (4) ((~~or (5)~~)) 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) 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) ((~~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) An obligor's~~)) Voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.

((~~(7)~~)) (6) 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 adopted child support schedule. 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.

Sec. 4. Section 2407, Code of 1881 as amended by section 1, chapter 207, Laws of 1969 ex. sess. and RCW 26.16.205 are each amended to read as follows:

The expenses of the family and the education of the children((~~, including stepchildren,~~)) are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately((~~: PROVIDED, That with regard to stepchildren, the obligation shall cease upon the termination of the relationship of husband and wife~~)). The expenses and education of stepchildren are not chargeable upon the property or income of the stepparent.

Sec. 5. Section 2, chapter 260, Laws of 1984 as last amended by section 2, chapter 416, Laws of 1989 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. "Earnings" shall not include nonrecurring bonuses earned, sick leave or vacation time, payment for overtime work, or income earned from jobs worked beyond a normal forty-hour workweek. For a self-employed person, "earnings" shall not include up to two thousand dollars that is paid into a pension or retirement fund.

(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.

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

(10) "Health insurance coverage" includes any coverage under which medical services are provided by an employer or a union whether that coverage is provided through a self-insurance program, under the employee retirement income security act of 1974, a commercial insurer pursuant to chapters 48.20 and 48.21 RCW, a health care service contractor pursuant to chapter 48.44 RCW, or a health maintenance organization pursuant to chapter 48.46 RCW, and the state through chapter 41.05 RCW.

(11) "Insurer" means a commercial insurance company providing disability insurance under chapter 48.20 or 48.21 RCW, a health care service contractor providing health care coverage under chapter 48.44 RCW, a health maintenance organization providing comprehensive health care services under chapter 48.46 RCW, and shall also include any employer or union which is providing health insurance coverage on a self-insured basis.

Sec. 6. Section 2, chapter 440, Laws of 1987 as amended by section 5, chapter 275, Laws of 1988 and RCW 26.19.040 are each amended to read as follows:

(1) The schedule proposed by the commission in its report dated January 26, 1988, shall take effect July 1, 1988. The schedule shall remain in effect until ((~~revised under this section~~)) the effective date of this act when the schedule in section 8 of this act takes effect. The commission shall review the schedule and propose changes as needed each even-numbered year.

(2) The commission shall review the schedule and recommended revisions based upon:

(a) Updated economic data which accurately reflects family spending and child rearing costs for families of different sizes and income levels in the state of Washington;

(b) Appropriate adjustments for significant changes in child rearing costs at different age levels;

(c) The need for funding of the child's primary residence by a payment which is sufficient to meet the basic needs of the child;

(d) Provisions for health care coverage and, when needed, child care payments; and

(e) The support amount shall be based on the child's age, the parent's combined income, and the family size. Family size shall ((~~mean~~)) include all children for whom ((~~support is to be established~~)) the obligor owes financial support, including natural children from a subsequent marriage.

(3) After the effective date of this act, any revised schedule shall provide that the noncustodial parent receives credit for one-three hundred sixty-fifth of the noncustodial parent's support obligation for each overnight visit of the child.

(4) After the effective date of this act, any revised schedule shall not require payment for postsecondary education expenses.

(5) The commission shall establish standards for applying the child support schedule. Included in these standards shall be:

(a) The type, net or gross, and sources of income on which support amounts shall be based;

(b) Provisions for taking into account the voluntary unemployment or underemployment of one or both parents or if the income of a parent is not known; and

((~~(4)~~)) (6) Any proposed revisions to the schedule shall be submitted to the legislature no later than November 1st of each even-numbered year.

((~~(5)~~)) (7) If the commission fails to propose revisions to the schedule, the existing schedule shall remain in effect, unless the legislature refers the schedule to the commission for modification or adopts a different schedule. If the schedule is referred to the commission for modification, the provisions of subsection ((~~(7)~~)) (9) of this section shall be applicable.

((~~(6)~~)) (8) The legislature may adopt the proposed schedule or refer the proposed schedule to the commission for modification. If the legislature fails to adopt or refer the proposed schedule to the commission by March 1 of the following year, the proposed schedule shall take effect without legislative approval on July 1 of that year.

((~~(7)~~)) (9) If the legislature refers the proposed schedule to the commission for modification on or before March 1st, the commission shall resubmit the proposed modifications to the legislature no later than March 15th. The legislature may adopt or modify the resubmitted proposed schedule. If the legislature fails to adopt or modify the resubmitted proposed schedule by April 1, the resubmitted proposed schedule shall take effect without legislative approval on July 1 of that year.

Sec. 7. Section 5, chapter 322, Laws of 1959 as last amended by section 12, chapter 360, Laws of 1989 and RCW 74.20.040 are each amended to read as follows:

(1) Whenever the department of social and health services receives an application for public assistance on behalf of a child, the department shall take appropriate action under the provisions of this chapter, chapter 74.20A RCW, or other appropriate statutes of this state to establish or enforce support obligations against the parent or other persons owing a duty to pay support moneys.

(2) The secretary may accept a request for support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations against the parent or other persons owing a duty to pay moneys. Requests accepted under this subsection may be conditioned upon the payment of a fee as required through regulation issued by the secretary. Action may be taken under the provisions of chapter 74.20 RCW, the abandonment or nonsupport statutes, or other appropriate statutes of this state, including but not limited to remedies established in chapter 74.20A RCW, to establish and enforce said support obligations. The secretary may establish by regulation, reasonable standards and qualifications for support enforcement services under this subsection.

(3) The secretary may accept requests for support enforcement services from child support enforcement agencies in other states operating child support programs under Title IV-D of the social security act or from foreign countries, and may take appropriate action to establish and enforce support obligations against the parent or other person owing a duty to pay support moneys. The request shall contain and be accompanied by such information and documentation as the secretary may by rule require, and be signed by an authorized representative of the agency.

(4) The department may take action to establish, enforce, and collect a support obligation, including performing related services, under this chapter and chapter 74.20A RCW, or through the attorney general or prosecuting attorney for action 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.

(5) The department may not take action to establish, enforce, or collect an obligation to pay attorney's fees.

(6) Whenever a support order is filed with the Washington state support registry under chapter 26.23 RCW, the department may take appropriate action under the provisions of this chapter, chapter 26.23 or 74.20A RCW, or other appropriate law of this state to establish or enforce the support obligations contained in that order against the responsible parent or other persons owing a duty to pay support moneys.

(((6) The secretary may charge and collect a fee from the person obligated to pay support to compensate the department for services rendered in establishment of or enforcement of support obligations. This fee shall be limited to not more than ten percent of any support money collected as a result of action taken by the secretary. The fee charged shall be in addition to the support obligation. In no event may any moneys collected by the department of social and health services from the person obligated to pay support be retained as satisfaction of fees charged until all current support obligations have been satisfied. The secretary shall by regulation establish reasonable fees for support enforcement services and said schedule of fees shall be made available to any person obligated to pay support. The secretary may, on showing of necessity, waive or defer any such fee.

(7) Fees, due and owing, may be collected as delinquent support moneys utilizing any of the remedies in chapter 74.20 RCW, chapter 74.20A RCW, chapter 26.21 RCW, or any other remedy at law or equity available to the department or any agencies with whom it has a cooperative or contractual arrangement to establish, enforce, or collect support moneys or support obligations.

(8) The secretary may waive the fee, or any portion thereof, as a part of a compromise of disputed claims or may grant partial or total charge off of said fee if the secretary finds there are no available, practical, or lawful means by which said fee may be collected or to facilitate payment of the amount of delinquent support moneys owed.))

NEW SECTION. Sec. 8. A new section is added to chapter 26.19 RCW to read as follows:

As of the effective date of this act, the Washington state child support guideline schedule shall be:

KEY: A = AGE 0-6; B = AGE 7-15; C = AGE 16-17

!tp1,2,2 @lbTOTAL

DISP.!tc!sc ,3ONE!SC ,1CHILD!tc!sc ,2TWO!sc ,1CHILDREN

INCOME!tc!sc-,5SCHEDULE!sc-,5!tc!sc-,5SCHEDULE!sc-,5

!tp1,1,1,1,1,1,1 (H&W)!tcA!tcB!tcC!tcA!tcB!tcC

500!tc105!tc123!tc142!tc166!tc195!tc225

550!tc116!tc135!tc156!tc183!tc215!tc247

600!tc126!tc148!tc170!tc200!tc235!tc270

650!tc136!tc160!tc184!tc216!tc255!tc292

700!tc147!tc173!tc198!tc233!tc274!tc315

!w-

750!tc157!tc184!tc213!tc249!tc293!tc337

800!tc167!tc197!tc227!tc266!tc313!tc360

850!tc179!tc209!tc241!tc283!tc333!tc382

900!tc189!tc222!tc255!tc300!tc352!tc405

950!tc199!tc234!tc269!tc316!tc372!tc427

!w-

1000!tc213!tc250!tc287!tc346!tc407!tc468

1050!tc218!tc256!tc294!tc355!tc417!tc479

1100!tc222!tc261!tc300!tc363!tc427!tc490

1150!tc226!tc266!tc306!tc371!tc436!tc501

1200!tc231!tc272!tc313!tc379!tc445!tc512

!w-

1250!tc235!tc277!tc319!tc387!tc455!tc524

1300!tc241!tc283!tc325!tc396!tc465!tc535

1350!tc245!tc288!tc332!tc404!tc475!tc546

1400!tc250!tc293!tc337!tc412!tc485!tc557

1450!tc254!tc299!tc343!tc420!tc494!tc569

!w-

1500!tc259!tc304!tc350!tc429!tc504!tc580

1550!tc264!tc310!tc356!tc437!tc514!tc591

1600!tc269!tc315!tc363!tc445!tc524!tc602

1650!tc273!tc320!tc369!tc454!tc534!tc613

1700!tc277!tc326!tc375!tc462!tc544!tc625

!w-

1750!tc282!tc332!tc382!tc471!tc553!tc635

1800!tc286!tc337!tc388!tc479!tc562!tc647

1850!tc292!tc343!tc394!tc487!tc572!tc658

1900!tc296!tc349!tc400!tc495!tc582!tc670

1950!tc301!tc354!tc406!tc503!tc592!tc680

!w-

2000!tc305!tc359!tc413!tc512!tc602!tc692

2100!tc315!tc370!tc425!tc528!tc621!tc714

2200!tc324!tc381!tc438!tc544!tc641!tc736

2300!tc333!tc392!tc451!tc562!tc661!tc759

2400!tc343!tc403!tc462!tc578!tc679!tc781

!w-

2500!tc352!tc413!tc475!tc595!tc699!tc804

2600!tc361!tc424!tc488!tc611!tc719!tc826

2700!tc370!tc435!tc501!tc628!tc738!tc849

2800!tc379!tc446!tc513!tc644!tc758!tc871

2900!tc388!tc457!tc525!tc661!tc778!tc894

!w-

3000!tc398!tc468!tc538!tc678!tc796!tc916

3100!tc407!tc479!tc551!tc694!tc816!tc938

3200!tc417!tc490!tc563!tc711!tc835!tc960

3300!tc426!tc501!tc575!tc727!tc855!tc983

3400!tc435!tc512!tc588!tc744!tc875!tc1005

!w-

3500!sc ,1or

!sc ,1over!tc445!tc523!tc601!tc760!tc894!tc1028

!tp1,2,2 @lbTOTAL

DISP.!tc!sc ,1THREE!SC ,1CHILDREN!tc!sc ,2FOUR!sc ,1CHILDREN

INCOME!tc!sc-,5SCHEDULE!sc-,5!tc!sc-,5SCHEDULE!sc-,5

!tp1,1,1,1,1,1,1 (H&W)!tcA!tcB!tcC!tcA!tcB!tcC

500!tc205!tc241!tc278!tc235!tc275!tc316

550!tc226!tc265!tc305!tc257!tc303!tc349

600!tc246!tc290!tc333!tc281!tc331!tc380

650!tc266!tc314!tc361!tc305!tc358!tc411

700!tc288!tc338!tc389!tc328!tc386!tc444

!w-

750!tc308!tc362!tc416!tc351!tc413!tc475

800!tc328!tc387!tc444!tc375!tc441!tc506

850!tc349!tc411!tc472!tc398!tc468!tc539

900!tc369!tc435!tc500!tc422!tc496!tc570

950!tc390!tc459!tc527!tc446!tc523!tc601

!w-

1000!tc447!tc525!tc604!tc507!tc596!tc685

1050!tc457!tc537!tc618!tc520!tc611!tc702

1100!tc467!tc549!tc631!tc533!tc626!tc720

1150!tc477!tc561!tc645!tc545!tc641!tc737

1200!tc487!tc573!tc659!tc558!tc656!tc754

!w-

1250!tc497!tc585!tc672!tc571!tc672!tc771

1300!tc507!tc597!tc685!tc583!tc686!tc788

1350!tc517!tc609!tc699!tc597!tc701!tc807

1400!tc527!tc620!tc713!tc609!tc716!tc824

1450!tc537!tc632!tc726!tc622!tc731!tc841

!w-

1500!tc548!tc644!tc740!tc635!tc747!tc858

1550!tc558!tc656!tc754!tc648!tc762!tc875

1600!tc568!tc667!tc767!tc660!tc776!tc893

1650!tc577!tc679!tc781!tc674!tc791!tc910

1700!tc587!tc691!tc795!tc686!tc807!tc927

!w-

1750!tc598!tc703!tc808!tc699!tc822!tc944

1800!tc608!tc715!tc821!tc712!tc837!tc962

1850!tc618!tc726!tc835!tc725!tc852!tc979

1900!tc628!tc738!tc848!tc737!tc866!tc997

1950!tc638!tc750!tc862!tc750!tc882!tc1014

!w-

2000!tc648!tc762!tc876!tc763!tc897!tc1031

2100!tc668!tc785!tc908!tc788!tc927!tc1066

2200!tc688!tc809!tc930!tc814!tc958!tc1100

2300!tc709!tc833!tc957!tc840!tc987!tc1135

2400!tc728!tc857!tc984!tc865!tc1017!tc1169

!w-

2500!tc748!tc880!tc1012!tc891!tc1048!tc1204

2600!tc769!tc904!tc1039!tc917!tc1077!tc1239

2700!tc789!tc927!tc1066!tc942!tc1108!tc1273

2800!tc808!tc951!tc1093!tc968!tc1138!tc1308

2900!tc829!tc975!tc1120!tc994!tc1168!tc1342

!w-

3000!tc849!tc998!tc1147!tc1018!tc1198!tc1377

3100!tc870!tc1022!tc1175!tc1044!tc1228!tc1412

3200!tc889!tc1045!tc1202!tc1070!tc1258!tc1446

3300!tc909!tc1069!tc1229!tc1095!tc1288!tc1481

3400!tc930!tc1092!tc1256!tc1121!tc1319!tc1515

!w-

3500!sc ,1or

!sc ,1over!tc949!tc1116!tc1283!tc1147!tc1348!tc1550

@la