AN ACT Relating to child support; amending RCW 26.19.050; adding new sections to chapter 26.19 RCW; repealing RCW 26.19.001, 26.19.010, 26.19.020, 26.19.030, 26.19.040, and 26.19.060; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature intends, in establishing mandatory child support guidelines, to ensure that child support orders are adequate to meet a child's basic needs and to provide additional child support commensurate with the parents' income, resources, and standard of living. The child support guidelines should not be overly complicated, should provide certainty and predictability so that the parties can plan for the future, should provide for an equitable apportionment of the child support obligation between the parents, allow changes at regular intervals to reflect changes in the normal economic circumstances of the parties, and meet federal requirements for implementing child support guidelines.

The legislature finds that these goals will be best achieved by adoption and use of mandatory state-wide child support guidelines. The use of mandatory state-wide guidelines will benefit children and their parents by providing for adequate child support awards based upon specific numeric and descriptive criteria, increase compliance with the guidelines by making them more understandable, increase the equity of child support awards by providing for comparable orders on a state-wide basis in cases with similar circumstances, and encourage voluntary settlements of disputes by setting a presumptive amount of support that each parent will be obligated to pay.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Child support guidelines" means the standards and economic table as adopted by the legislature for establishing child support obligations.

(2) "Standards" means the standards as adopted by the legislature for determining income, allowable deductions from income, and deviations from presumptive child support awards.

(3) "Economic table" means the child support economic table that represents the basic child support obligation amount per child.

(4) "Worksheets" means the forms developed by the administrator for the courts.

(5) "Health care" means out-of-pocket expenses reasonably incurred by a parent for insurance coverage or uninsured amounts for health care services or health care treatment. It does not include portions paid by employers or other third parties.

(6) "Instructions" means the instructions developed by the administrator of the courts for use in completing the worksheets.

(7) "Basic support obligation" means each parent's child support obligation per child based upon the standards and economic table before any deviation is considered.

NEW SECTION. Sec. 3. (1) In any proceeding under this title or Title 13 or 74 RCW in which child support is an issue, child support shall be determined and ordered according to the economic table and standards adopted pursuant to sections 4, 5, and 6 of this act. The Washington child support guidelines shall be applied as follows:

(a) In each county of the state;

(b) In judicial and administrative proceedings;

(d) For setting temporary and permanent support; and

(e) For adjusting support orders instead of using a cost-of-living or escalation provision.

(2) An order for child support shall be supported by written findings of fact upon which the support determination was made including reasons for deviations from the basic support obligation.

(3) The parties shall complete and file worksheets in the form developed by the administrator for the courts in every proceeding in which child support is determined. The court shall not accept incomplete worksheets or worksheets that vary from the worksheets developed by the administrator for the courts. The parties shall complete the worksheets under penalty of perjury. The court order setting or modifying child support shall include a completed worksheet initialed or signed by the judge.

(4) Except for the judicial discretion expressly reserved in this chapter, the parties do not have authority to agree to provisions in conflict with this chapter and any agreement or court order to the contrary shall be void as against public policy.

(5) The standards and economic table in this chapter shall be applied uniformly throughout the state. The superior courts of the various counties do not have authority to establish alternative standards and tables.

NEW SECTION. Sec. 4. (1) All income and resources of each parent's household shall be disclosed to the court as provided in this section when the child support obligation of each parent is determined.

(2) The court will impute income to the parent when the parent is underemployed, voluntarily unemployed, or self-employed. The court will determine whether the person is underemployed or voluntarily unemployed based upon that parent's work history. The amount imputed will be in the discretion of the court, but in the absence of information to the contrary, a parent's income shall be based on the median income of year-round, full-time workers as derived from the United States bureau of census, current population reports for that parent's occupation if available on that basis. If occupation-specific median income reports are unavailable, the amount imputed shall be based on the overall median income. A parent will not be deemed underemployed as long as that parent is gainfully employed on a full-time basis. Income shall not be imputed for an unemployable parent.

(3) (a) Monthly gross income shall include income from any source, including salaries, wages, commissions, deferred compensation, pensions, bonuses, mandatory overtime, cash benefits pursuant to contract, dividends, interest, trust income, severance pay, annuities, capital gains, social security benefits, workers' compensation, unemployment benefits, disability insurance benefits, spousal maintenance that is actually received, gifts, and prizes.

(b) Aid to families with dependent children, social security income, general assistance, veteran's aid and attendant allowance, and food stamps shall be disclosed but shall not be included in gross income or be a reason to deviate from the schedule. Child support received from other relationships shall be disclosed and considered, but shall not be included in gross income. Income of a second spouse or cohabitant shall not be included in the income determination. The court has discretion to exclude from income, voluntary overtime, nonrecurring overtime, nonrecurring bonuses, and income from second jobs in excess of full-time or full-time equivalent employment.

(c) Allowable deductions from gross income are federal and state income taxes, federal insurance contributions act deductions, mandatory pension plan payments, and mandatory union or professional dues. Amounts that are actually determined to be spousal maintenance and that are actually paid for spousal maintenance shall be deducted. Payments of child support involving other relationships shall be deducted. Amounts actually paid into voluntary pension plans up to the federal limit of tax-exempt contributions to one individual retirement account are exempt if the contributions began prior to the commencement of the dissolution and only in the amount actually paid after the dissolution. Self-employed persons may deduct normal business expenses and self-employment taxes. Justification shall be required for any business expense deduction about which there is disagreement.

(4) When the parties have day care expenses that can be reduced to a sum certain, the court shall determine the parties' combined monthly net income available for the basic child support obligation as follows: (a) The court shall first determine what is the combined monthly net income of the parents pursuant to subsection (3) (a) through (c) of this section; (b) the court shall then determine what proportion of the day care expenses, which are to be shared in the same proportion as the basic child support obligation, that each parent should pay by referring to the economic table; (c) the court shall then deduct the proportionate share of day care expenses from each parent's net income to determine the amounts available for the basic child support obligation; (d) the court shall then determine the new combined net monthly income of the parents; (e) the court shall then determine the child support obligation, based on the new combined net monthly income; and (f) the court shall then add to the child support obligation of each parent his or her proportionate share of day care expenses.

(5) (a) Tax returns for the preceding three years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.

(b) The parties may agree or the court may order which parent is entitled to claim the child or children as dependents for federal income tax exemptions.

NEW SECTION. Sec. 5. (1) Both parents have a continuing obligation to support their children. The parents' obligation for support shall be based on their combined net income, resources, and special child-rearing costs. The presumptive basic support obligation shall be determined upon the combined net income of the parents up to a cap of four thousand dollars combined net income per month. The table is not presumptive but advisory only for combined net incomes above four thousand dollars. The presumptive basic support obligation will be determined according to the following economic table after income has been determined:

@lb

ECONOMIC TABLE

MONTHLY BASIC SUPPORT OBLIGATION PER CHILD

KEY: A = AGE 0-11 B = AGE 12 AND OVER

!tp1,1,1 !w-

@lbCOMBINED

MONTHLY!tcONE!tcTWO

NET!tcCHILD!tcCHILDREN

INCOME!TC!ttFAMILY!tt!TC!ttFAMILY!tt

!w-

!trA!tlB!trA!tlB

!w-

!sc ,0020

!sc ,001100

!sc ,001200

!sc ,001300

!sc ,001400

!sc ,001500

!sc ,001600!tr120!tl148!tr93!tl114

!sc ,001700!tr140!tl172!tr108!tl133

!sc ,001800!tr159!tl196!tr123!tl153

!sc ,001900!tr179!tl221!tr139!tl172

1000!tr198!tl245!tr154!tl190

1100!tr218!tl269!tr169!tl209

1200!tr238!tl293!tr185!tl228

1300!tr257!tl317!tr199!tl247

1400!tr276!tl341!tr214!tl265

1500!tr294!tl364!tr229!tl282

1600!tr312!tl385!tr242!tl300

1700!tr330!tl408!tr257!tl317

1800!tr348!tl430!tr270!tl334

1900!tr366!tl453!tr284!tl351

2000!tr384!tl474!tr298!tl368

2100!tr402!tl497!tr312!tl386

2200!tr420!tl519!tr326!tl403

2300!tr438!tl541!tr340!tl420

2400!tr455!tl563!tr354!tl437

2500!tr473!tl585!tr367!tl455

2600!tr491!tl607!tr382!tl471

2700!tr509!tl628!tr395!tl488

2800!tr526!tl650!tr409!tl505

2900!tr544!tl671!tr422!tl521

3000!tr561!tl693!tr436!tl538

3100!tr579!tl715!tr449!tl555

3200!tr596!tl737!tr463!tl572

3300!tr614!tl759!tr477!tl589

3400!tr631!tl779!tr490!tl605

3500!tr647!tl800!tr503!tl621

3600!tr664!tl821!tr516!tl637

3700!tr681!tl842!tr529!tl653

3800!tr698!tl862!tr542!tl670

3900!tr715!tl883!tr555!tl686

4000!tr731!tl904!tr568!tl701

4100!tr748!tl924!tr581!tl717

4200!tr765!tl945!tr594!tl734

4300!tr781!tl966!tr607!tl750

4400!tr797!tl985!tr619!tl764

4500!tr812!tl1,003!tr630!tl779

4600!tr826!tl1,022!tr642!tl793

4700!tr842!tl1,040!tr653!tl807

4800!tr856!tl1,058!tr665!tl822

4900!tr871!tl1,076!tr677!tl836

5000!tr886!tl1,094!tr689!tl850

5100!tr901!tl1,113!tr700!tl864

5200!tr915!tl1,131!tr711!tl878

5300!tr931!tl1,150!tr723!tl893

5400!tr945!tl1,168!tr734!tl907

5500!tr960!tl1,186!tr746!tl922

5600!tr975!tl1,205!tr758!tl935

5700!tr990!tl1,223!tr770!tl950

5800!tr1,004!tl1,242!tr780!tl964

5900!tr1,020!tl1,260!tr792!tl978

6000!tr1,034!tl1,278!tr804!tl993

6100!tr1,049!tl1,297!tr815!tl1,007

6200!tr1,064!tl1,315!tr827!tl1,022

6300!tr1,079!tl1,334!tr839!tl1,035

6400!tr1,094!tl1,352!tr851!tl1,049

6500!tr1,109!tl1,370!tr861!tl1,064

6600!tr1,123!tl1,389!tr873!tl1,078

6700!tr1,139!tl1,407!tr885!tl1,093

6800!tr1,153!tl1,426!tr896!tl1,107

6900!tr1,168!tl1,444!tr908!tl1,121

7000!tr1,183!tl1,462!tr920!tl1,135

!tp1,1,1,1 !w-

@lbCOMBINED

MONTHLY!tcTHREE!tcFOUR!TCFIVE

NET!tcCHILDREN!tcCHILDREN!TCCHILDREN

INCOME!TC!ttFAMILY!tt!TC!ttFAMILY!tt!tc!TTFAMILY!tt

!w-

!trA!tlB!trA!tlB!trA!tlB

!w-

!sc ,0020

!sc ,001100

!sc ,001200

!sc ,001300

!sc ,001400

!sc ,001500

!sc ,001600!tr77!tl95!tr66!tl81!tr57!tl70

!sc ,001700!tr90!tl112!tr77!tl95!tr67!tl82

!sc ,001800!tr104!tl128!tr87!tl108!tr76!tl94

!sc ,001900!tr116!tl143!tr98!tl122!tr86!tl106

1000!tr129!tl159!tr109!tl134!tr95!tl117

1100!tr141!tl175!tr120!tl148!tr104!tl129

1200!tr154!tl190!tr130!tl161!tr113!tl140

1300!tr167!tl205!tr140!tl174!tr122!tl151

1400!tr179!tl221!tr151!tl187!tr132!tl163

1500!tr191!tl236!tr161!tl199!tr140!tl174

1600!tr203!tl250!tr171!tl212!tr149!tl185

1700!tr214!tl265!tr181!tl223!tr158!tl195

1800!tr226!tl279!tr191!tl236!tr167!tl205

1900!tr238!tl293!tr201!tl248!tr175!tl216

2000!tr249!tl308!tr211!tl260!tr184!tl227

2100!tr260!tl322!tr221!tl273!tr192!tl238

2200!tr272!tl337!tr230!tl284!tr201!tl248

2300!tr284!tl351!tr240!tl297!tr210!tl259

2400!tr295!tl365!tr250!tl309!tr218!tl269

2500!tr307!tl379!tr259!tl320!tr226!tl280

2600!tr318!tl393!tr269!tl332!tr235!tl290

2700!tr329!tl408!tr279!tl345!tr243!tl301

2800!tr341!tl421!tr288!tl356!tr251!tl311

2900!tr352!tl436!tr298!tl368!tr260!tl321

3000!tr364!tl449!tr308!tl380!tr268!tl331

3100!tr375!tl464!tr317!tl392!tr276!tl342

3200!tr386!tl478!tr327!tl404!tr285!tl352

3300!tr398!tl491!tr337!tl416!tr293!tl363

3400!tr409!tl505!tr346!tl428!tr302!tl373

3500!tr419!tl518!tr355!tl438!tr310!tl383

3600!tr430!tl532!tr364!tl450!tr318!tl392

3700!tr441!tl545!tr374!tl461!tr326!tl402

3800!tr452!tl559!tr383!tl473!tr334!tl412

3900!tr464!tl572!tr392!tl484!tr341!tl422

4000!tr474!tl586!tr401!tl495!tr349!tl432

4100!tr485!tl599!tr410!tl507!tr357!tl442

4200!tr496!tl613!tr419!tl518!tr365!tl452

4300!tr507!tl626!tr428!tl529!tr374!tl462

4400!tr517!tl638!tr437!tl539!tr381!tl471

4500!tr526!tl650!tr445!tl550!tr388!tl480

4600!tr536!tl662!tr453!tl560!tr395!tl489

4700!tr545!tl674!tr461!tl570!tr402!tl497

4800!tr555!tl686!tr469!tl580!tr410!tl506

4900!tr564!tl698!tr477!tl590!tr417!tl515

5000!tr574!tl710!tr485!tl600!tr424!tl524

5100!tr584!tl722!tr493!tl610!tr430!tl532

5200!tr593!tl734!tr501!tl620!tr437!tl541

5300!tr603!tl745!tr510!tl630!tr445!tl550

5400!tr613!tl758!tr518!tl640!tr452!tl559

5500!tr622!tl770!tr527!tl651!tr459!tl567

5600!tr632!tl781!tr535!tl661!tr466!tl576

5700!tr642!tl793!tr543!tl671!tr473!tl585

5800!tr652!tl805!tr551!tl680!tr481!tl594

5900!tr661!tl817!tr559!tl690!tr488!tl602

6000!tr671!tl829!tr567!tl701!tr495!tl611

6100!tr680!tl841!tr575!tl711!tr501!tl620

6200!tr689!tl852!tr583!tl721!tr509!tl629

6300!tr699!tl865!tr591!tl731!tr516!tl638

6400!tr709!tl877!tr599!tl741!tr523!tl646

6500!tr718!tl888!tr608!tl752!tr530!tl655

6600!tr728!tl900!tr616!tl761!tr537!tl664

6700!tr738!tl913!tr624!tl771!tr545!tl673

6800!tr748!tl924!tr632!tl781!tr552!tl681

6900!tr757!tl936!tr640!tl791!tr559!tl690

7000!tr767!tl948!tr648!tl802!tr566!tl699

!te@la

!ixFor combined net incomes above $4000.00, see section 5(5) (c) and (d) of this act.

For combined net incomes under $600.00, see section 5(5) (a) and (e) of this act.

(2) Neither parent's basic child support obligation shall exceed fifty percent of net earnings unless good cause is shown. Good cause includes, but is not limited to, possession of substantial wealth; children with day care expenses; special health care, educational, or psychological needs; and larger families.

(3) The transfer payment shall be made to the parent with whom the child or children reside a majority of the time pursuant to a parenting plan or a custody decree. The transfer payment shall be for the amount of that parent's share of basic support plus day care, health care, long-distance transportation, or other extraordinary expenses as apportioned pursuant to section 7 of this act.

(4) Basic child support shall be allocated between the parents when a child stays overnight with the parent over twenty-five percent of the year (ninety-one nights). When this adjustment is sought, and the parents are not in agreement, the parent seeking the adjustment shall provide evidence to demonstrate the parents' actual past involvement with the child. The credit proportion calculations for overnight stays shall commence on the ninety-first overnight stay and then shall be adjusted so that a fifty-fifty sharing of residential time between the parents results in a fifty-fifty sharing of the basic support moneys contributed by both. However, the support payment should not be reduced if there will be insufficient funds available to meet the basic needs of the child in the house receiving the support, or if the child is receiving aid to families with dependent children payments.

(5) (a) When combined monthly net income is less than six hundred dollars, a support order not less than twenty-five dollars per month shall be entered for each parent, regardless of the number of children.

(b) The court may deviate from the basic support calculation. Reasons for deviation may include the possession of wealth, shared living arrangements, extraordinary debt, extraordinarily high income of a child, a significant disparity in the living costs of the parents due to conditions beyond their control, and special needs of disabled children. Deviation from the basic support obligation based upon tax planning considerations shall be allowed in the discretion of the court, but only upon written findings of fact demonstrating that the tax planning considerations result in greater benefits for the child. Deviations must be supported by the evidence and substantiated by written findings of fact entered by the court.

(c) The child support guidelines are not presumptive, but advisory only for combined net incomes above four thousand dollars. For combined monthly net incomes exceeding four thousand dollars per month, the court shall not set child support at a level below the amount calculated for the four thousand dollars per month income level, but the court has discretion to establish support at higher levels upon written findings of fact based upon reasons for deviation as set forth in (b) of this subsection.

(d) The four thousand dollars per month threshold for court deviation will increase by three hundred dollars per year for each calendar year commencing January 1, 1992.

(e) A parent's child support obligation shall not reduce his or her income below the need standard for one person promulgated pursuant to chapter 74.08 RCW except for the mandatory minimum payment of twenty-five dollars per month as required pursuant to (a) of this subsection.

(6) When there are children from other relationships, the child support guidelines shall be applied to the mother, father, and children of the relationship being considered. Natural and adopted children from other relationships of the parent obligated to make the transfer payment and stepchildren shall not be considered for purposes of determining the presumptive basic support obligation per child from the table. Deviations from the amount of the presumptive basic support obligation due based on this calculation shall be determined according to the reasons for deviation set forth in (b) of this subsection.

(7) The child support guidelines for children in the age category of twelve and over shall be advisory and not mandatory for children who have attained the age of eighteen, have completed their secondary education, and who seek postsecondary education. When considering whether to order child support for children over age eighteen who have completed their secondary education and who seek postsecondary education, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities, disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered is the amount and type of support that the child would have been afforded if the parents had stayed together. The child must be enrolled in school, actively pursuing a course of study, and in good academic standing as defined by the institution or the court- ordered postsecondary educational support may be automatically suspended during the period or periods the child fails to comply with these conditions. The court in its discretion may order that the payment be made directly to the parent who has been receiving the transfer payments, the educational institution if feasible, or directly to the child. The court shall not order the payment of postsecondary educational expenses beyond the age of twenty-three, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

(8) The provisions of this chapter shall apply to adult children who are dependent on their parents and for whom support is ordered pursuant to RCW 26.09.100.

NEW SECTION. Sec. 6. (1) If approved by a majority vote of the superior court judges of a county, when determining the basic support obligation for parents with combined monthly net incomes from two thousand five hundred dollars to four thousand dollars, the superior courts may deviate from the presumptive basic child support obligations for those ranges in the economic table adopted by the legislature, in an amount up to twenty percent higher or lower than the table's presumptive amount, without complying with section 5(5)(b) of this act. In no event may the presumptive basic child support obligation for incomes over two thousand five hundred dollars be lower than the table's presumptive basic child support obligations for incomes below two thousand five hundred dollars. The superior courts shall not deviate by more than twenty percent from the economic table adopted by the legislature for setting the presumptive basic child support obligation for combined monthly net incomes from two thousand five hundred dollars to four thousand dollars unless additional deviations are supported pursuant to section 5(5)(b) of this act.

(2) The courts shall not deviate from the presumptive basic support obligation in the economic table for combined monthly net incomes of two thousand five hundred dollars or less except pursuant to section 5(5)(b) of this act.

(3) For combined monthly net incomes above four thousand dollars, the economic table shall be advisory only as provided in section 5(5)(c) of this act.

NEW SECTION. Sec. 7. (1) Day care, health care, long-distance transportation costs, and special child-rearing expenses such as tuition are not included in the basic support obligation for each child. These expenses shall be shared by the parents in the same proportion as the basic child support obligation and may be listed as a specific dollar amount or as a percentage amount subject to the verification requirements pursuant to subsection (2) of this section. The court may exercise its discretion to determine the reasonableness and necessity of extraordinary and special expenses.

(2) (a) If a sum certain is established for day care and is set forth in the decree, the parent making the transfer payment is entitled to proof of the amount paid for day care. The parent making the transfer payment is responsible for the appropriate percentage of the actual amount paid, not to exceed the proper share of the amount as set forth in the decree. The transfer payment for day care must be made in advance if the day care amount is set forth in the decree or is a regularly paid amount in a sum certain. If an amount is not specified in the decree or a regular sum certain, reimbursement of day care expenses shall be treated in the same manner as reimbursement for transportation costs, uninsured health care, and other extraordinary expenses. If the actual amount of day care expenditures is less than the anticipated amount, then the parent making the transfer payment is entitled to reimbursement for that parent's percentage share of the savings, either directly or by a reduction in future day care transfer payments.

(b) For transportation costs, uninsured health care costs, and other extraordinary expenses of the children specified in the decree, the parent paying these expenses shall be entitled to prompt reimbursement of the other parent's share of those expenses. Proof of the expenditure shall be furnished to the parent from whom reimbursement is sought. Reimbursement must be made promptly but not later than thirty days of receipt of proof of payment of these expenditures.

(3) (a) If reimbursement is not made within the thirty-day period or is incomplete due to a nonsufficient fund check or other failure to pay, the parent seeking reimbursement may by motion obtain an order compelling payment with statutory interest. The court shall award actual court costs and reasonable attorneys' fees in every instance of failure to reimburse except upon a showing of good cause for nonpayment.

(b) Wage assignment orders may be obtained pursuant to chapter 26.18 RCW to collect court-ordered basic child support, day care, health care, long-distance transportation costs, or other extraordinary expenses, and attorneys' fees. A parent to whom basic child support, day care, health care, long-distance transportation costs, or other extraordinary expenses are to be paid based on a percentage share of the costs, may by motion obtain a court order reducing the amounts owed to a sum certain and then enforce collection of that amount by a wage assignment order.

NEW SECTION. Sec. 8. (1) Except as provided in subsections (2) and (3) of this section, all child support decrees may be adjusted once every twenty-four months pursuant to this chapter based upon changes in the income of the parents without a showing of substantially changed circumstances as provided in RCW 26.09.170. Either party may initiate the modification pursuant to procedures of RCW 26.09.175.

(2) Parents whose decrees are entered before the effective date of this act may petition the court for a modification after twelve months has expired from the entry of the decree or the most recent modification setting child support. However, if a party is granted relief under this provision, twenty-four months must pass before another petition for modification may be filed pursuant to subsection (1) of this section.

(3) A party may petition for modification in cases of substantially changed circumstances, under RCW 26.09.170, at any time. However, if relief is granted under RCW 26.09.170, twenty-four months must pass before a petition for modification under subsection (1) of this section may be filed.

(4) Statutory changes do not constitute a substantial change of circumstances.

(5) A parent who is receiving transfer payments who receives a wage or salary increase may not bring a modification action alleging that increase constitutes a substantial change of circumstances under RCW 26.09.170.

(6) If a final decree setting child support is entered prior to the effective date of this act, and the effect of this chapter would change the transferring parent's child support obligation set in that final decree by thirty percent or more, then, upon a motion for modification filed at anytime after the effective date of this act, the court may in its discretion, stagger the change required under this chapter over a twelve-month period, if the parent making or receiving the transfer payment demonstrates that the thirty percent or more change would cause significant hardship if imposed immediately following the modification hearing.

NEW SECTION. Sec. 9. (1) 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;

(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 in child support; and

(2)(a) The motion for an accounting must be accompanied by an affidavit setting forth facts demonstrating that the parent receiving support is not spending a substantial portion of the child support for the direct or indirect benefit of the child. The motion, affidavit, and notice of hearing shall be served on the parent receiving support. The only issue at the preliminary hearing on the motion shall be whether there is reasonable cause to believe that the support is directly or indirectly benefiting the child.

(b) 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 or indirectly 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 is reasonably available to the parent and as the court determines is necessary to resolve the issue. 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.

(c) If the court determines at the preliminary hearing that the motion and affidavit do not establish reasonable cause to believe that a substantial portion of the support is directly or indirectly benefiting the child, the court shall order the parent filing the motion and affidavit to pay costs and statutory attorneys' fees to the parent receiving the support.

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.

(3) 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 order the child support payments to be paid to a protective payee for the benefit of the child. The only issue at the hearing on the motion shall be whether the parent receiving support is spending support to directly or indirectly benefit the child.

If the moving party prevails on the motion at the show cause hearing, the court may award reasonable attorneys' fees to the moving party.

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

Sec. 10. Section 6, chapter 275, Laws of 1988 and RCW 26.19.050 are each amended to read as follows:

(1) The ((~~commission~~)) administrator for the courts shall develop and adopt worksheets and instructions to assist the parties and courts in establishing the appropriate child support level and apportionment of support. The ((~~commission~~)) administrator for the courts shall attempt to the greatest extent possible to make the worksheets and instructions understandable by persons who are not represented by legal counsel.

(2) The administrator for the courts((~~, in consultation with the commission,~~)) shall develop and adopt standards for the printing of worksheets and shall establish a process for certifying printed worksheets. ((~~The administrator shall not alter the design approved by the commission.~~)) The administrator may maintain a register of sources for approved worksheets.

(3) The administrator for the courts should pursue methods to assist pro se parties and judges in the courtroom to calculate support payments through automated-software, equipment, or personal assistance.

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 275, Laws of 1988 and RCW 26.19.001;

(2) Section 2, chapter 275, Laws of 1988 and RCW 26.19.010;

(3) Section 3, chapter 275, Laws of 1988, section 76, chapter 175, Laws of 1989 and RCW 26.19.020;

(4) Section 1, chapter 440, Laws of 1987, section 4, chapter 275, Laws of 1988, section 41, chapter 360, Laws of 1989 and RCW 26.19.030;

(5) Section 2, chapter 440, Laws of 1987, section 5, chapter 275, Laws of 1988 and RCW 26.19.040; and

(6) Section 7, chapter 275, Laws of 1988 and RCW 26.19.060.

NEW SECTION. Sec. 12. (1) Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(2) Sections 1 through 9 and 11 through 14 of this act shall take effect July 1, 1990, and the provisions of this act shall apply to all court decrees of dissolution or legal separation or in any court order or court-approved property settlement incident to any court decree of dissolution or legal separation, entered or modified on or after July 1, 1990.

NEW SECTION. Sec. 13. This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections, if the proceeding was instituted prior to July 1, 1990.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. Sections 1 through 9 and 12 through 14 of this act are each added to chapter 26.19 RCW.