S-4227.1  _______________________________________________

                         SENATE BILL 6366

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senator L. Smith

Read first time 01/20/94.  Referred to Committee on Law & Justice.

Exempting state minimum wage amount from wages garnished for child support obligations.

    AN ACT Relating to child support; and amending RCW 26.18.090.

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

    Sec. 1.  RCW 26.18.090 and 1993 c 426 s 7 are each amended to read as follows:

    (1) The wage assignment order in RCW 26.18.080 shall include:

    (a) The maximum amount of current support or spousal maintenance, if any, to be withheld from the obligor's earnings each month that exceed the state minimum wage, or from each earnings disbursement in excess of the state minimum wage; and

    (b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.

    (2) The total amount to be withheld from the obligor's earnings each month, or from each earnings disbursement, shall not exceed fifty percent of the disposable earnings of the obligor.  If the amounts to be paid toward the arrearage are specified in the support or spousal maintenance order, then the maximum amount to be withheld is the sum of:  Either the current support or spousal maintenance ordered, or both; and the amount ordered to be paid toward the arrearage, or fifty percent of the disposable earnings of the obligor, whichever is less.

    (3) The provisions of RCW 6.27.150 do not apply to wage assignments for child support or spousal maintenance authorized under this chapter, but fifty percent of the disposable earnings of the obligor are exempt, and may be disbursed to the obligor.

    (4) If an obligor is subject to two or more attachments for child support on account of different obligees, the employer shall, if the nonexempt portion of the obligor's earnings is not sufficient to respond fully to all the attachments, apportion the obligor's nonexempt disposable earnings between or among the various obligees equally.  Any obligee may seek a court order reapportioning the obligor's nonexempt disposable earnings upon notice to all interested obligees.  Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.

    (5) If an obligor is subject to two or more attachments for spousal maintenance on account of different obligees, the employer shall, if the nonexempt portion of the obligor's earnings is not sufficient to respond fully to all the attachments, apportion the obligor's nonexempt disposable earnings between or among the various obligees equally.  An obligee may seek a court order reapportioning the obligor's nonexempt disposable earnings upon notice to all interested obligees.  Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.

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