AN ACT Relating to child support payments; amending RCW 26.09.100, 26.09.170, 26.09.175, 26.19.010, 26.19.020, 26.19.040, 26.19.060, 26.16.205, 26.18.040, and 26.09.909; reenacting and amending RCW 74.20A.020; adding a new section to chapter 26.19 RCW; and declaring an emergency.

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

Sec. 1. 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~~)) 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 determined ((~~pursuant to the schedule adopted~~)) under RCW ((~~26.19.040. The court may require periodic adjustments of support~~)) 26.19.020. The court shall not order the payment of postsecondary educational expenses beyond the age of twenty-two, except for exceptional circumstances, such as mental, physical, or emotional disabilities. The court shall direct that the payments for postsecondary educational expenses be made directly to the educational institution.

(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;

(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; and

(3)(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 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.

(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.

(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 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.

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

Sec. 2. 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 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; or

(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) 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 and reasons for the deviation are not set forth in the findings of fact or order. 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 if the reasons for the deviations were not set forth in the findings of fact or order.

Sec. 3. Section 2, chapter 430, Laws of 1987 and RCW 26.09.175 are each amended to read as follows:

(1) A proceeding for the modification of an order of child support shall commence with the filing of a petition ((~~and~~)), a supporting financial affidavit, and worksheets. The petition and affidavit shall be in substantially the form prescribed by the administrator for the courts. There shall be a fee of twenty dollars for the filing of a petition for modification of dissolution.

(2) The petitioner shall serve upon the other party the summons, a copy of the petition and affidavit, and a blank copy of ((~~a financial affidavit~~)) the worksheets in the form prescribed by the ((~~administrator for the courts~~)) child support schedule commission. If the modification proceeding is the first action filed in this state, service shall be made by personal service. If the decree to be modified was entered in this state, service shall be by personal service or by any form of mail requiring a return receipt. If the support obligation has been assigned to the state pursuant to RCW 74.20.330 and notice has been filed with the court, the summons, petition, ((~~and~~)) affidavit, and worksheets shall also be served on the office of support enforcement. Proof of service shall be filed with the court.

(3) The responding party's answer and completed ((~~financial affidavit~~)) worksheets shall be served and the answer filed within twenty days after service of the petition or sixty days if served out of state. The responding party's failure to file an answer within the time required shall result in entry of a default judgment for the petitioner.

(4) At any time after responsive pleadings are filed, either party may schedule the matter for hearing.

(5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection (6) of this section, a petition for modification of an order of child support shall be heard by the court on affidavits only.

(6) A party seeking authority to present oral testimony on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of hearing. Affidavits and exhibits setting forth the reasons oral testimony is necessary to a just adjudication of the issues shall accompany the petition. The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include, but are not limited to: (a) Substantial questions of credibility on a major issue; (b) insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony.

(7) The administrator for the courts shall develop and prepare, in consultation with interested persons, model forms or notices for the use of the procedure provided by this section, including a notice advising of the right of a party to proceed with or without benefit of counsel.

Sec. 4. Section 2, chapter 275, Laws of 1988 and RCW 26.19.010 are each amended to read as follows:

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

(1) "Child support schedule" means the standards ((~~and economic table~~)) adopted by the commission and the economic table provided in section 8 of this act;

(2) "Standards" means the standards for determination of child support which have been adopted by the commission, as modified by the legislature;

(3) "Economic table" means the child support table for the basic support obligation ((~~which has been adopted by the commission~~)) provided in section 8 of this act;

(4) "Worksheets" means the forms adopted by the commission for use in determining the amount of child support;

(5) "Instructions" means the instructions adopted by the commission for use in completing the worksheets;

(6) "Commission" means the Washington state child support schedule commission established by RCW 26.19.030; and

(7) "Standard calculation" means the amount of child support which is owed as determined from the worksheets before any deviation is considered. Income of a new spouse or income of other adults in the household shall not be considered in determining the standard calculation.

Sec. 5. Section 3, chapter 275, Laws of 1988 as amended by section 76, chapter 175, Laws of 1989 and RCW 26.19.020 are each amended to read as follows:

(1)((~~(a) Except as provided in (b) of this subsection,~~)) In any proceeding under this title or Title 13 or 74 RCW in which child support is at issue, support shall be determined and ordered according to the child support ((~~schedule adopted pursuant to RCW 26.19.040.~~

(b) If approved by a majority vote of the superior court judges of a county, the superior court may adopt by local court rule an economic table that shall be used by the superior court of that county, instead of the economic table adopted by the commission, to determine the appropriate amount of child support. The economic table adopted by the superior court shall not vary by more than twenty-five percent from the economic table adopted by the commission and shall not vary the economic table for combined monthly net income of two thousand five hundred dollars or less)).

(2) An order for child support shall be supported by written findings of fact upon which the support determination is based.

(3) All income and resources of each parent's household shall be disclosed and shall be considered by the court or the presiding or reviewing officer when the child support obligation of each parent is determined.

(4) Worksheets in the form approved by the commission shall be completed and filed in every proceeding in which child support is determined. Variations of the worksheets shall not be accepted.

(5) Unless specific reasons for deviation are set forth in the written findings of fact or order and are supported by the evidence, the court or the presiding or reviewing officer shall order each parent to pay the amount of child support determined using the standard calculation.

((~~(6)~~)) The court or the presiding or reviewing officer shall review the worksheets and the order for adequacy of the reasons set forth for any deviation and for the adequacy of the amount of support ordered. Each order shall state the amount of child support calculated using the standard calculation and the amount of child support actually ordered.

(6) The court or the presiding or reviewing officer shall consider deviating from the standard calculation when the parties have children from other relationships. The court shall consider all the circumstances of both households and may use the blended family formula approach as recommended by the commission in its report dated December 1989. Additional reasons that may support a deviation from the standard calculation include: Possession of wealth, shared living arrangements, extraordinary debts that have not been voluntarily incurred, extraordinarily high income of a child, a significant disparity of the living costs of the parents due to conditions beyond their control, and special needs of disabled children. A deviation may be supported by tax planning considerations only if the child would not receive a lesser economic benefit. Agreement of the parties((~~, by itself,~~)) is ((~~not~~)) adequate reason for deviation so long as the court finds that the agreement was not obtained by coersion.

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 legislature adopts the schedule as provided in section 8 of this act. The schedule shall remain in effect until revised ((~~under~~)) by the legislature or until revised under the provisions of this section. 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 all children for whom support is to be established.

(3) 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. For schedule purposes, overtime pay above forty hours per week, income derived from a second job above forty total hours per week, nonrecurring bonuses, spousal maintenance which is actually paid, and voluntary pension payments actually made by self-employed persons up to two thousand dollars per year shall be excluded from income. Spousal maintenance actually received shall be included in income;

(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~~))

(d) Basic child support shall be allocated between the parents for each night a child stays overnight with the parent who is obligated to make the transfer payment.

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

(5) 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) of this section shall be applicable.

(6) 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) 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 7, chapter 275, Laws of 1988 and RCW 26.19.060 are each amended to read as follows:

The schedule under ((~~RCW 26.19.040~~)) section 8 of this act shall be published in the Washington State Register. The commission shall also request that the supreme court cause the schedule to be published in the official advance sheets of the supreme court of Washington. The commission shall also request that the Washington state bar association publish the schedule in the Washington state bar news.

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

@lb

ECONOMIC TABLE

MONTHLY BASIC SUPPORT OBLIGATION PER CHILD

KEY: A = AGE 0-11 B = AGE 12-18

!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!tlFor income less than $600 the obligation

!sc ,001400!tlis based upon the resources and living expenses

!sc ,001500!tlof each household. Minimum support shall

!tlnot be less than $25 per child per month.

!sc ,001600!tr133!tl164!tr103!tl127

!sc ,001700!tr155!tl191!tr120!tl148

!sc ,001800!tr177!tl218!tr137!tl170

!sc ,001900!tr199!tl246!tr154!tl191

1000!tr220!tl272!tr171!tl211

1100!tr242!tl299!tr188!tl232

1200!tr264!tl326!tr205!tl253

1300!tr285!tl352!tr221!tl274

1400!tr307!tl379!tr238!tl294

1500!tr327!tl404!tr254!tl313

1600!tr347!tl428!tr269!tl333

1700!tr367!tl453!tr285!tl352

1800!tr387!tl478!tr300!tl371

1900!tr407!tl503!tr316!tl390

2000!tr427!tl527!tr331!tl409

2100!tr447!tl552!tr347!tl429

2200!tr467!tl577!tr362!tl448

2300!tr487!tl601!tr378!tl467

2400!tr506!tl626!tr393!tl486

2500!tr526!tl650!tr408!tl505

2600!tr534!tl661!tr416!tl513

2700!tr542!tl670!tr421!tl520

2800!tr549!tl679!tr427!tl527

2900!tr556!tl686!tr431!tl533

3000!tr561!tl693!tr436!tl538

3100!tr566!tl699!tr439!tl543

3200!tr569!tl704!tr442!tl546

3300!tr573!tl708!tr445!tl549

3400!tr574!tl710!tr446!tl551

3500!tr575!tl711!tr447!tl552

3600!tr577!tl712!tr448!tl553

3700!tr578!tl713!tr449!tl554

3800!tr581!tl719!tr452!tl558

3900!tr596!tl736!tr463!tl572

4000!tr609!tl753!tr473!tl584

4100!tr623!tl770!tr484!tl599

4200!tr638!tl788!tr495!tl611

4300!tr651!tl805!tr506!tl625

4400!tr664!tl821!tr516!tl637

4500!tr677!tl836!tr525!tl649

4600!tr689!tl851!tr535!tl661

4700!tr701!tl856!tr545!tl673

4800!tr713!tl882!tr554!tl685

4900!tr726!tl897!tr564!tl697

5000!tr738!tl912!tr574!tl708

!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!tlFor income less than $600 the obligation

!sc ,001400!tlis based upon the resources and living expenses

!sc ,001500!tlof each household. Minimum support shall

!tlnot be less than $25 per child per month.

!sc ,001600!tr86!tl106!tr73!tl901!tr63!tl791

!sc ,001700!tr100!tl124!tr85!tl105!tr74!tl911

!sc ,001800!tr115!tl142!tr97!tl120!tr84!tl104

!sc ,001900!tr129!tl159!tr109!tl135!tr95!tl118

1000!tr143!tl177!tr121!tl149!tr105!tl130

1100!tr157!tl194!tr133!tl164!tr116!tl143

1200!tr171!tl211!tr144!tl179!tr126!tl156

1300!tr185!tl228!tr156!tl193!tr136!tl168

1400!tr199!tl246!tr168!tl208!tr147!tl181

1500!tr212!tl262!tr179!tl221!tr156!tl193

1600!tr225!tl278!tr190!tl235!tr166!tl205

1700!tr238!tl294!tr201!tl248!tr175!tl217

1800!tr251!tl310!tr212!tl262!tr185!tl228

1900!tr264!tl326!tr223!tl275!tr194!tl240

2000!tr277!tl342!tr234!tl289!tr204!tl252

2100!tr289!tl358!tr245!tl303!tr213!tl264

2200!tr302!tl374!tr256!tl316!tr223!tl276

2300!tr315!tl390!tr267!tl330!tr233!tl288

2400!tr328!tl406!tr278!tl343!tr242!tl299

2500!tr341!tl421!tr288!tl356!tr251!tl311

2600!tr346!tl428!tr293!tl362!tr256!tl316

2700!tr351!tl435!tr298!tl368!tr259!tl321

2800!tr356!tl440!tr301!tl372!tr262!tl324

2900!tr360!tl445!tr305!tl376!tr266!tl328

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

3100!tr367!tl453!tr310!tl383!tr270!tl334

3200!tr369!tl457!tr312!tl386!tr272!tl336

3300!tr371!tl459!tr314!tl388!tr273!tl339

3400!tr372!tl460!tr315!tl389!tr274!tl340

3500!tr373!tl461!tr316!tl390!tr275!tl341

3600!tr374!tl462!tr317!tl391!tr276!tl342

3700!tr375!tl463!tr318!tl392!tr277!tl343

3800!tr377!tl466!tr319!tl394!tr278!tl344

3900!tr386!tl477!tr326!tl404!tr284!tl352

4000!tr395!tl488!tr334!tl413!tr291!tl360

4100!tr404!tl500!tr341!tl422!tr298!tl368

4200!tr413!tl511!tr350!tl431!tr305!tl377

4300!tr422!tl522!tr357!tl441!tr311!tl385

4400!tr431!tl532!tr364!tl449!tr317!tl392

4500!tr438!tl542!tr371!tl458!tr323!tl400

4600!tr446!tl552!tr377!tl467!tr329!tl407

4700!tr455!tl562!tr384!tl475!tr335!tl414

4800!tr463!tl572!tr391!tl483!tr341!tl422

4900!tr470!tl581!tr398!tl491!tr347!tl429

5000!tr479!tl592!tr404!tl500!tr353!tl437

!te@la

When combined monthly income exceeds five thousand dollars per month, child support shall be determined by that amount from the table. The judge, in his or her discretion, may order an additional amount to be paid in cases with unusual or extraordinary circumstances.

Sec. 9. 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~~)) filing of either a petition for legal separation or a petition for dissolution or marriage.

Sec. 10. Section 4, chapter 260, Laws of 1984 and RCW 26.18.040 are each amended to read as follows:

(1) A proceeding to enforce a duty of support is commenced:

(a) By filing a petition for an original action; or

(b) By motion in an existing action or under an existing cause number.

(2) Venue for the action is in the superior court of the county where the dependent child resides or is present, where the obligor resides, or where the prior support order was entered. The petition or motion may be filed by the obligee, the state, or any stepparent or agency providing care or support to the dependent child. A filing fee shall not be assessed in cases brought on behalf of the state of Washington.

(3) The court retains continuing jurisdiction under this chapter until all duties of support of the obligor, including arrearages, with respect to the dependent child have been satisfied.

Sec. 11. Section 2, chapter 164, Laws of 1971 ex. sess. as last amended by section 1, chapter 55, Laws of 1989 and by section 151, chapter 175, Laws of 1989 and RCW 74.20A.020 are each reenacted and amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

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

(2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

(3) "Dependent child" means any person:

(a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

(b) Over the age of eighteen for whom a court order for support exists.

(4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

(5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

(6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

(7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics.

(8) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist and continue as provided for in RCW 26.16.205 ((~~until the relationship is terminated by death or dissolution of marriage~~)).

(9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

(10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

(11) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico.

Sec. 12. Section 24, chapter 460, Laws of 1987 as amended by section 18, chapter 375, Laws of 1989 and RCW 26.09.909 are each amended to read as follows:

(1) Decrees under this chapter involving child custody, visitation, or child support entered in actions commenced prior to January 1, 1988, shall be deemed to be parenting plans for purposes of this chapter.

(2) The enactment of the 1987 revisions to this chapter does not constitute substantially changed circumstances for the purposes of modifying decrees entered under this chapter in actions commenced prior to January 1, 1988, involving child custody, visitation, or child support. ((An)) Any action to modify any decree involving child custody, visitation, child support, or a parenting plan ((~~which was commenced after December 31, 1987,~~)) shall be governed by the 1987 revisions to this chapter.

(3) Actions brought for clarification or interpretation of decrees entered under this chapter in actions commenced prior to January 1, 1988, shall be determined under the law in effect immediately prior to January 1, 1988.

NEW SECTION. Sec. 13. 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.

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.