AN
ACT Relating to wage assignment orders for child support or spousal maintenance
payments; amending RCW 26.18.110; and reenacting and amending RCW 26.18.100.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.18.100 and 1997 c 296 s 10 and 1997 c 58 s 889 are each reenacted and
amended to read as follows:
The
wage assignment order shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF
. . . . . . . . .
................... ,
... Obligee........ No. . . . .
vs.
................... , WAGE ASSIGNMENT
... Obligor........ ORDER
................... ,
Employer
THE STATE OF WASHINGTON TO:......................................
Employer
AND TO:..........................................................
Obligor
The
above-named obligee claims that the above-named obligor is subject to a support
order requiring immediate income withholding or is more than fifteen days past
due in either child support or spousal maintenance payments, or both, in an
amount equal to or greater than the child support or spousal maintenance
payable for one month. The amount of the accrued child support or spousal
maintenance debt as of this date is . . . . . .
dollars, the amount of arrearage payments specified in the support or spousal
maintenance order (if applicable) is . . . . . .
dollars per . . . . . ., and the amount of the current
and continuing support or spousal maintenance obligation under the 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 or other remuneration for employment due and owing to
the obligor, then you shall do as follows:
(1)
Withhold from the obligor's earnings or remuneration each month, or from each
regular earnings disbursement, the lesser of:
(a)
The sum of the accrued support or spousal maintenance debt and the current
support or spousal maintenance obligation;
(b)
The sum of the specified arrearage payment amount and the current support or
spousal maintenance obligation; or
(c)
Fifty percent of the disposable earnings or remuneration of the obligor.
(2)
The total amount withheld above is subject to the wage assignment order, and
all other sums may be disbursed to the obligor.
(3)
Upon receipt of this wage assignment order you shall make immediate deductions
from the obligor's earnings or remuneration and remit to the Washington state
support registry or other address specified below the proper amounts ((at))
within five working days of each regular pay interval.
You
shall continue to withhold the ordered amounts from nonexempt earnings or
remuneration of the obligor until notified by:
(a)
The court that the wage assignment has been modified or terminated; or
(b)
The addressee specified in the wage assignment order under this section that
the accrued child support or spousal maintenance debt has been paid.
You
shall promptly notify the court and the addressee specified in the wage
assignment order under this section if and when the employee is no longer
employed by you, or if the obligor no longer receives earnings or remuneration
from you. If you no longer employ the employee, the wage assignment order shall
remain in effect until you are no longer in possession of any earnings or
remuneration owed to the employee.
You
shall deliver the withheld earnings or remuneration to the Washington state
support registry or other address stated below ((at)) within five
working days of each regular pay interval.
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 spousal maintenance, or order to withhold or deliver under
chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR
FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE AMOUNT OF SUPPORT
MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS 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. REGARDLESS OF THE FACT THAT YOUR WAGES
ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT
RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT
ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO
MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS
OF PAYMENTS.
DATED
THIS . . . . day of . . . ., 19. . .
............................. ...............................
Obligee, Judge/Court Commissioner
or obligee's attorney
Send withheld payments to: ...............................
...............................
...............................
...............................
Sec.
2. RCW
26.18.110 and 1994 c 230 s 5 are each amended to read as follows:
(1)
An employer upon whom service of a wage assignment order has been made shall
answer the order by sworn affidavit within twenty days after the date of
service. The answer shall state whether the obligor is employed by or receives
earnings or other remuneration from the employer, whether the employer will
honor the wage assignment order, and whether there are either multiple child
support or spousal maintenance attachments, or both, against the obligor.
(2)
If the employer possesses any earnings or remuneration due and owing to the
obligor, the earnings subject to the wage assignment order shall be withheld
immediately upon receipt of the wage assignment order. The withheld earnings
shall be delivered to the Washington state support registry or, if the wage
assignment order is to satisfy a duty of spousal maintenance, to the addressee
specified in the assignment ((at)) within five working days of
each regular pay interval.
(3)
The employer shall continue to withhold the ordered amounts from nonexempt earnings
or remuneration 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 or obligee that the accrued child support
or spousal maintenance debt has been paid, provided the wage assignment order
contains the language set forth under RCW 26.18.100(3)(b). The employer shall
promptly notify the addressee specified in the assignment when the employee is
no longer employed. If the employer no longer employs the employee, the wage
assignment order shall remain in effect for one year after the employee has
left the employment or the employer has been in possession of any earnings or
remuneration owed to the employee, whichever is later. The employer shall
continue to hold the wage assignment order during that period. If the employee
returns to the employer's employment during the one-year period the employer
shall immediately begin to withhold the employee's earnings or remuneration
according to the terms of the wage assignment order. If the employee has not
returned within one year, the wage assignment shall cease to have effect at the
expiration of the one-year period, unless the employer continues to owe
remuneration for employment to the obligor.
(4)
The employer may deduct a processing fee from the remainder of the employee's
earnings after withholding under the wage assignment order, even if the
remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a)
ten dollars for the first disbursement made by the employer to the Washington
state support registry; and (b) one dollar for each subsequent disbursement to
the clerk.
(5)
An order for wage assignment for support for a dependent child entered under
this chapter shall have priority over any other wage assignment or garnishment,
except for another wage assignment or garnishment for child support, or order
to withhold and deliver under chapter 74.20A RCW. An order for wage assignment
for spousal maintenance entered under this chapter shall have priority over any
other wage assignment or garnishment, except for a wage assignment,
garnishment, or order to withhold and deliver under chapter 74.20A RCW for
support of a dependent child, and except for another wage assignment or
garnishment for spousal maintenance.
(6)
An employer who fails to withhold earnings as required by a wage assignment
issued under this chapter may be held liable to the obligee for one hundred
percent of the support or spousal maintenance debt, or the amount of support or
spousal maintenance moneys that should have been withheld from the employee's
earnings whichever is the lesser amount, if the employer:
(a)
Fails or refuses, after being served with a wage assignment order, to deduct
and promptly remit from the unpaid earnings the amounts of money required in
the order;
(b)
Fails or refuses to submit an answer to the notice of wage assignment after
being served; or
(c)
Is unwilling to comply with the other requirements of this section.
Liability
may be established in superior court. Awards in superior court shall include
costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys'
fees.
(7)
No employer who complies with a wage assignment issued under this chapter may
be liable to the employee for wrongful withholding.
(8)
No employer may discharge, discipline, or refuse to hire an employee because of
the entry or service of a wage assignment issued and executed under this
chapter. If an employer discharges, disciplines, or refuses to hire an
employee in violation of this section, the employee or person shall have a
cause of action against the employer. The employer shall be liable for double
the amount of damages suffered as a result of the violation and for costs and
reasonable attorneys' fees, and shall be subject to a civil penalty of not more
than two thousand five hundred dollars for each violation. The employer may
also be ordered to hire, rehire, or reinstate the aggrieved individual.
(9)
For wage assignments payable to the Washington state support registry, an
employer may combine amounts withheld from various employees into a single
payment to the Washington state support registry, if the payment includes a
listing of the amounts attributable to each employee and other information as
required by the registry.
(10) An employer shall deliver a copy of the wage assignment order
to the obligor as soon as is reasonably possible.
