AN ACT Relating to the collection of child support; amending RCW 26.18.070 and 26.18.100; adding new sections to chapter 26.18 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.18 RCW to read as follows:

The petition or motion for mandatory wage assignment shall be substantially in the following form:

@lb IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF ..........

!tp1,1,1 @p4 !ixIN RE THE MARRIAGE OF:!tlü

!tlï

!sc.,20,!tlï

!sc ,6Obligee,!tlï!sc ,4NO.

!tlï

!tlý!sc ,4MOTION FOR MANDATORY

!sc ,10and!tlï!sc ,4WAGE ASSIGNMENT

!tlï

!sc.,20,!tlï

!sc ,6Obligor!tlï

!tl_

@la

@p0

I. OBLIGEE'S STATEMENT

!ixThe Obligee moves the court for the issuance of a mandatory wage assignment order. This motion is based upon the following statement:

!ix(1)!sc ,2!ih*,2The Obligor is:

Name:

Address:

!ix(2)!sc ,2!ih*,2The Obligor was ordered to pay support in the amount of $........ per month. These support payments are to be paid to the Obligee by the ........ day of the month.

!ix(3)!sc ,2!ih*,2¨ The Obligor is past due in child support payments in an amount equal to or greater than the support payable for one month under an order entered prior to July 1, 1990.

¨ The Obligor is past due in child support payments under an order entered on or after July 1, 1990.

!ix(4)!sc ,2!ih*,2The Obligor is past due in child support in the amount of $........

!ix(5)!sc ,2!ih*,2The Obligor's employer is:

Name:

Address:

!ix(6)!sc ,2!ih*,2¨ Notice by a personal service or a form of mail requiring a return receipt, has been provided to the Obligor at least fifteen days prior to this motion for a mandatory wage assignment.

¨ The order for support states that a mandatory wage assignment order may be sought without notice to the Obligor.

!ix(7)!sc ,2!ih*,2¨ The Obligee has not received public assistance from any source.

¨ The Obligee has received public assistance. The Department of Social and Health Services has been notified in writing of the pending action.

!ix(8)!sc ,2!ih*,2¨ A copy of the support order is in the court file.

¨ A copy of the support order is attached to this motion.

!tp1,1 !ixDate: !sc.,12!tl!sc.,20

!tl(Obligee's Signature)

II. CERTIFICATION OF STATEMENT

I declare under the penalty of perjury under the laws of the state of Washington, that the foregoing is true and correct.

!tp1,1 DATED: !sc.,12!tl!sc.,20

!tlObligee

PLACE: !sc.,12

!ix(Effective date of form: July 1, 1990)

NEW SECTION. Sec. 2. A new section is added to chapter 26.18 RCW to read as follows:

The administrator for the courts shall distribute a master copy of the forms contained in section 1 of this act, RCW 26.18.100, and 26.18.120 to all superior court clerks. All superior court clerk's offices shall make the forms available to the public.

Sec. 3. Section 7, chapter 260, Laws of 1984 as amended by section 18, chapter 435, Laws of 1987 and RCW 26.18.070 are each amended to read as follows:

(1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is ((~~more than fifteen days~~)) past due in child support payments in an amount equal to or greater than the support payable for one month under an order entered prior to July 1, 1990, or at any time after entry of an order by the court on or after July 1, 1990. The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

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

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

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

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

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

Sec. 4. Section 10, chapter 260, Laws of 1984 as last amended by section 10, chapter 416, Laws of 1989 and RCW 26.18.100 are each amended to read as follows:

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

@lb IN THE SUPERIOR COURT OF THE STATE OF

WASHINGTON IN AND FOR THE COUNTY OF

!sc.,020

!tn3 !ix!w×,!tl!ss1!ix

!ix!sc ,004Obligee!tj1!tlNo.!w×!tl

!ix!sc ,006vs.

!ix!w×,!tl!ss1!tlWAGE ASSIGNMENT

!ix!sc ,004Obligor!tj1!tlORDER

!ix!w×,!tl

!ix!sc ,004Employer

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

!tj2!tlEmployer

!ixAND TO:!sc ,2!W×

Obligor

@la The above-named obligee claims that the above-named obligor is ((~~more than fifteen days~~)) past due in child support payments in an amount equal to or greater than the child support payable for one month under an order entered prior to July 1, 1990, or at any time after entry of an order by the court on or after July 1, 1990. The amount of the accrued child support debt as of this date is .......... dollars, the amount of arrearage payments specified in the support order (if applicable) is .......... dollars per .......... , and the amount of the current and continuing support obligation under the support order is .......... dollars per .......... .

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

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

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

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

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

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

You shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by:

(a) The court that the wage assignment has been modified or terminated; or

(b) The Washington state support registry, office of support enforcement that the accrued child support debt has been paid.

You shall promptly notify the court and the Washington state support registry if and when the employee is no longer employed by you.

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

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

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

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

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

!tp1,1 !ix@w1!tl@w1

!ixObligee,!tlJudge/Court!sc ,1Commissioner

!ix or!sc ,1obligee's!sc ,1attorney

@la!ix

NEW SECTION. Sec. 5. This act shall take effect July 1, 1990.