AN
ACT Relating to processing fees deducted from earnings withheld due to child
support; amending RCW 26.23.060; creating a new section; and declaring an
emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.23.060 and 1998 c 160 s 8 are each amended to read as follows:
(1)
The division of child support may issue a notice of payroll deduction:
(a)
As authorized by a support order that contains a notice clearly stating that
child support may be collected by withholding from earnings, wages, or benefits
without further notice to the obligated parent; or
(b)
After service of a notice containing an income-withholding provision under this
chapter or chapter 74.20A RCW.
(2)
The division of child support shall serve a notice of payroll deduction upon a
responsible parent's employer or upon the employment security department for
the state in possession of or owing any benefits from the unemployment
compensation fund to the responsible parent pursuant to Title 50 RCW:
(a)
In the manner prescribed for the service of a summons in a civil action;
(b)
By certified mail, return receipt requested;
(c)
By electronic means if there is an agreement between the secretary and the
person, firm, corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the United States to
accept service by electronic means; or
(d)
By regular mail to a responsible parent's employer unless the division of child
support reasonably believes that service of process in the manner prescribed in
(a) or (b) of this subsection is required for initiating an action to ensure
employer compliance with the withholding requirement.
(3)
Service of a notice of payroll deduction upon an employer or employment
security department requires the employer or employment security department to
immediately make a mandatory payroll deduction from the responsible parent's
unpaid disposable earnings or unemployment compensation benefits. The employer
or employment security department shall thereafter deduct each pay period the
amount stated in the notice divided by the number of pay periods per month.
The payroll deduction each pay period shall not exceed fifty percent of the
responsible parent's disposable earnings.
(4)
A notice of payroll deduction for support shall have priority over any wage
assignment, garnishment, attachment, or other legal process.
(5)
The notice of payroll deduction shall be in writing and include:
(a)
The name and social security number of the responsible parent;
(b)
The amount to be deducted from the responsible parent's disposable earnings
each month, or alternate amounts and frequencies as may be necessary to
facilitate processing of the payroll deduction;
(c)
A statement that the total amount withheld shall not exceed fifty percent of
the responsible parent's disposable earnings;
(d)
The address to which the payments are to be mailed or delivered; and
(e)
A notice to the responsible parent warning the responsible parent that, despite
the payroll deduction, the responsible parent's privileges to obtain and
maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be
suspended if the parent is not in compliance with a support order as defined in
RCW 74.20A.320.
(6)
An informational copy of the notice of payroll deduction shall be mailed to the
last known address of the responsible parent by regular mail.
(7)
An employer or employment security department that receives a notice of payroll
deduction shall make immediate deductions from the responsible parent's unpaid
disposable earnings and remit proper amounts to the Washington state support
registry within seven working days of the date the earnings are payable to the
responsible parent.
(8)
An employer, or the employment security department, upon whom a notice of
payroll deduction is served, shall make an answer to the division of child
support within twenty days after the date of service. The answer shall confirm
compliance and institution of the payroll deduction or explain the
circumstances if no payroll deduction is in effect. The answer shall also
state whether the responsible parent is employed by or receives earnings from
the employer or receives unemployment compensation benefits from the employment
security department, whether the employer or employment security department
anticipates paying earnings or unemployment compensation benefits and the
amount of earnings. If the responsible parent is no longer employed, or
receiving earnings from the employer, the answer shall state the present
employer's name and address, if known. If the responsible parent is no longer
receiving unemployment compensation benefits from the employment security
department, the answer shall state the present employer's name and address, if
known.
The
returned answer or a payment remitted to the division of child support by the
employer constitutes proof of service of the notice of payroll deduction in the
case where the notice was served by regular mail.
(9)
The employer ((or employment security department)) may deduct a
processing fee from the remainder of the responsible parent's earnings after
withholding under the notice of payroll deduction, 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 to the Washington state support
registry; and (b) one dollar for each subsequent disbursement to the registry.
(10)
The notice of payroll deduction shall remain in effect until released by the
division of child support, the court enters an order terminating the notice and
approving an alternate arrangement under RCW 26.23.050, or until the employer
no longer employs the responsible parent and is no longer in possession of or
owing any earnings to the responsible parent. The employer shall promptly
notify the office of support enforcement when the employer no longer employs
the parent subject to the notice. For the employment security department, the
notice of payroll deduction shall remain in effect until released by the
division of child support or until the court enters an order terminating the
notice.
(11)
The division of child support may use uniform interstate withholding forms
adopted by the United States department of health and human services to take
withholding actions under this section when the responsible parent is receiving
earnings or unemployment compensation in another state.
NEW
SECTION. Sec. 2. 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. 3. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state or
the eligibility of employers in this state for federal unemployment tax
credits, the conflicting part of this act is inoperative solely to the extent
of the conflict, and the finding or determination does not affect the operation
of the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
NEW
SECTION. Sec. 4. 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 takes effect immediately.
