BILL REQ. #: H-1145.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/01/11.
AN ACT Relating to revising the uniform interstate family support act; amending RCW 26.21A.010, 26.21A.015, 26.21A.020, 26.21A.100, 26.21A.110, 26.21A.115, 26.21A.125, 26.21A.130, 26.21A.135, 26.21A.140, 26.21A.150, 26.21A.200, 26.21A.215, 26.21A.220, 26.21A.225, 26.21A.230, 26.21A.235, 26.21A.245, 26.21A.250, 26.21A.260, 26.21A.275, 26.21A.280, 26.21A.285, 26.21A.290, 26.21A.350, 26.21A.415, 26.21A.420, 26.21A.430, 26.21A.500, 26.21A.505, 26.21A.510, 26.21A.515, 26.21A.520, 26.21A.525, 26.21A.530, 26.21A.535, 26.21A.540, 26.21A.545, 26.21A.550, and 26.21A.570; adding new sections to chapter 26.21A RCW; repealing RCW 26.21A.105, 26.21A.145, and 26.21A.600; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.21A.010 and 2002 c 198 s 102 are each amended to
read as follows:
In this chapter:
(1) "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of a
support order directed to the parent.
(2) "Child support order" means a support order for a child,
including a child who has attained the age of majority under the law of
the issuing state or foreign country.
(3) "Convention" means the convention on the international recovery
of child support and other forms of family maintenance, concluded at
the Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse, including
an unsatisfied obligation to provide support.
(((4))) (5) "Foreign country" means a country, including a
political subdivision thereof, other than the United States, that
authorizes the issuance of support orders and:
(a) Which has been declared under the law of the United States to
be a foreign reciprocating country;
(b) Which has established a reciprocal arrangement for child
support with this state as provided in RCW 26.21A.230;
(c) Which has enacted a law or established procedures for the
issuance and enforcement of support orders which are substantially
similar to the procedures under this chapter; or
(d) In which the convention is in force with respect to the United
States.
(6) "Foreign support order" means a support order of a foreign
tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or
quasi-judicial entity of a foreign country which is authorized to
establish, enforce, or modify support orders or to determine parentage
of a child. The term includes a competent authority under the
convention.
(8) "Home state" means the state or foreign country in which a
child lived with a parent or a person acting as parent for at least six
consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is less
than six months old, the state or foreign country in which the child
lived from birth with any of them. A period of temporary absence of
any of them is counted as part of the six-month or other period.
(((5))) (9) "Income" includes earnings or other periodic
entitlements to money from any source and any other property subject to
withholding for support under the law of this state.
(((6))) (10) "Income-withholding order" means an order or other
legal process directed to an obligor's employer or other debtor, as
defined by RCW 50.04.080, to withhold support from the income of the
obligor.
(((7) "Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this chapter or a law or procedure substantially
similar to this chapter.)) (11) "Initiating tribunal" means the ((
(8)authorized)) tribunal
((in an initiating)) of a state or foreign country from which a
petition or comparable pleading is forwarded or in which a petition or
comparable pleading is filed for forwarding to another state or foreign
country.
(12) "Issuing foreign country" means the foreign country in which
a tribunal issues a support order or a judgment determining parentage
of a child.
(((9))) (13) "Issuing state" means the state in which a tribunal
issues a support order or ((renders)) a judgment determining parentage
of a child.
(((10))) (14) "Issuing tribunal" means the tribunal of a state or
foreign country that issues a support order or ((renders)) a judgment
determining parentage of a child.
(((11))) (15) "Law" includes decisional and statutory law and rules
having the force of law.
(((12))) (16) "Obligee" means:
(a) An individual to whom a duty of support is or is alleged to be
owed or in whose favor a support order has been issued or a judgment
determining parentage of a child has been ((rendered)) issued;
(b) A foreign country, state, or political subdivision of a state
to which the rights under a duty of support or support order have been
assigned or which has independent claims based on financial assistance
provided to an individual obligee in place of child support; ((or))
(c) An individual seeking a judgment determining parentage of the
individual's child; or
(d) A person that is a creditor in a proceeding under Article 7 of
this chapter.
(((13))) (17) "Obligor" means an individual, or the estate of a
decedent that:
(a) ((Who)) Owes or is alleged to owe a duty of support;
(b) ((Who)) Is alleged but has not been adjudicated to be a parent
of a child; ((or))
(c) ((Who)) Is liable under a support order; or
(d) Is a debtor in a proceeding under Article 7 of this chapter.
(((14))) (18) "Outside this state" means a location in another
state or a country other than the United States, whether or not the
country is a foreign country.
(19) "Person" means: An individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government((;)) or governmental
subdivision, agency, or instrumentality((; public corporation;)), or
any other legal or commercial entity.
(((15))) (20) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium and
is retrievable in perceivable form.
(((16))) (21) "Register" means to record or file in a tribunal of
this state a support order or judgment determining parentage ((in the
appropriate location for the recording or filing of foreign judgments
generally or foreign support orders specifically)) of a child issued in
another state or a foreign country.
(((17))) (22) "Registering tribunal" means a tribunal in which a
support order or judgment determining parentage of a child is
registered.
(((18))) (23) "Responding state" means a state in which a
((proceeding)) petition or comparable pleading for support or to
determine parentage of a child is filed or to which a ((proceeding))
petition or comparable pleading is forwarded for filing from ((an
initiating)) another state ((under this chapter or a law or procedure
substantially similar to this chapter)) or foreign country.
(((19))) (24) "Responding tribunal" means the authorized tribunal
in a responding state or foreign country.
(((20))) (25) "Spousal support order" means a support order for a
spouse or former spouse of the obligor.
(((21))) (26) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin Islands, or
any territory or insular possession ((subject to)) under the
jurisdiction of the United States. The term includes((:)) an Indian nation or tribe((
(a); and)).
(b) A foreign country or political subdivision that:
(i) Has been declared to be a foreign reciprocating country or
political subdivision under federal law;
(ii) Has established a reciprocal arrangement for child support
with this state as provided in RCW 26.21A.235; or
(iii) Has enacted a law or established procedures for issuance and
enforcement of support orders which are substantially similar to the
procedures under this chapter
(((22))) (27) "Support enforcement agency" means a public official,
governmental entity, or private agency authorized to ((seek)):
(a) Seek enforcement of support orders or laws relating to the duty
of support;
(b) Seek establishment or modification of child support;
(c) Request determination of parentage of a child;
(d) ((Location of)) Attempt to locate obligors or their assets; or
(e) Request determination of the controlling child support order.
(((23))) (28) "Support order" means a judgment, decree, order,
decision, or directive, whether temporary, final, or subject to
modification, issued ((by a tribunal)) in a state or foreign country
for the benefit of a child, a spouse, or a former spouse, ((that))
which provides for monetary support, health care, arrearages,
retroactive support, or reimbursement((, and)) for financial
assistance provided to an individual obligee in place of child support.
The term may include related costs and fees, interest, income
withholding, automatic adjustment, reasonable attorneys' fees, and
other relief.
(((24))) (29) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage of a child.
Sec. 2 RCW 26.21A.015 and 2002 c 198 s 103 are each amended to
read as follows:
(1) The superior court is the ((state)) tribunal ((for judicial
proceedings and the department of social and health services division
of child support is the state tribunal for administrative proceedings))
of this state.
(2) The department of social and health services is the support
enforcement agency of this state.
Sec. 3 RCW 26.21A.020 and 2002 c 198 s 104 are each amended to
read as follows:
(1) Remedies provided by this chapter are cumulative and do not
affect the availability of remedies under other law((, including)) or
the recognition of a foreign support order ((of a foreign country or
political subdivision)) on the basis of comity.
(2) This chapter does not:
(a) Provide the exclusive method of establishing or enforcing a
support order under the law of this state; or
(b) Grant a tribunal of this state jurisdiction to render judgment
or issue an order relating to child custody or visitation in a
proceeding under this chapter.
Sec. 4 RCW 26.21A.100 and 2002 c 198 s 201 are each amended to
read as follows:
(1) In a proceeding to establish or enforce a support order or to
determine parentage of a child, a tribunal of this state may exercise
personal jurisdiction over a nonresident individual or the individual's
guardian or conservator if:
(a) The individual is personally served with a citation, summons,
or notice within this state;
(b) The individual submits to the jurisdiction of this state by
consent in a record, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(c) The individual resided with the child in this state;
(d) The individual resided in this state and provided prenatal
expenses or support for the child;
(e) The child resides in this state as a result of the acts or
directives of the individual;
(f) The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse;
(g) The individual asserted parentage of a child in the putative
father registry maintained in this state by the state registrar of
vital statistics; or
(h) There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.
(2) The bases of personal jurisdiction set forth in subsection (1)
of this section or in any other law of this state may not be used to
acquire personal jurisdiction for a tribunal of ((the)) this state to
modify a child support order of another state unless the requirements
of RCW 26.21A.550 ((or 26.21A.570)) are met, or, in the case of a
foreign support order, unless the requirements of RCW 26.21A.570 are
met.
(((3) Personal jurisdiction acquired under subsection (1) of this
section continues so long as the tribunal of this state that acquired
personal jurisdiction has continuing, exclusive jurisdiction to enforce
or modify its order.))
Sec. 5 RCW 26.21A.110 and 2002 c 198 s 203 are each amended to
read as follows:
Under this chapter, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to a tribunal of another
state and as a responding tribunal for proceedings initiated in another
state or a foreign country.
Sec. 6 RCW 26.21A.115 and 2002 c 198 s 204 are each amended to
read as follows:
(1) A tribunal of this state may exercise jurisdiction to establish
a support order if the petition or comparable pleading is filed after
a ((petition or comparable)) pleading is filed in another state or a
foreign country only if:
(a) The petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state or the
foreign country for filing a responsive pleading challenging the
exercise of jurisdiction by the other state or the foreign country;
(b) The contesting party timely challenges the exercise of
jurisdiction in the other state or the foreign country; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another
state or a foreign country if:
(a) The petition or comparable pleading in the other state or
foreign country is filed before the expiration of the time allowed in
this state for filing a responsive pleading challenging the exercise of
jurisdiction by this state;
(b) The contesting party timely challenges the exercise of
jurisdiction in this state; and
(c) If relevant, the other state or foreign country is the home
state of the child.
Sec. 7 RCW 26.21A.125 and 2002 c 198 s 206 are each amended to
read as follows:
(1) A tribunal of this state that has issued a child support order
consistent with the law of this state may serve as an initiating
tribunal to request a tribunal of another state to enforce:
(a) The order if the order is the controlling order and has not
been modified by a tribunal of another state that assumed jurisdiction
pursuant to the uniform interstate family support act; or
(b) A money judgment for arrears of support and interest on the
order accrued before a determination that an order of a tribunal of
((other)) another state is the controlling order.
(2) A tribunal of this state having continuing jurisdiction over a
support order may act as a responding tribunal to enforce the order.
Sec. 8 RCW 26.21A.130 and 2002 c 198 s 207 are each amended to
read as follows:
(1) If a proceeding is brought under this chapter and only one
tribunal has issued a child support order, the order of that tribunal
controls and must be so recognized.
(2) If a proceeding is brought under this chapter, and two or more
child support orders have been issued by tribunals of this state, or
another state, or a foreign country with regard to the same obligor and
same child, a tribunal of this state having personal jurisdiction over
both the obligor and individual obligee shall apply the following rules
and by order shall determine which order controls and must be
recognized:
(a) If only one of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal controls
((and must be so recognized)).
(b) If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter((,)):
(i) An order issued by a tribunal in the current home state of the
child controls((. However,)); or
(ii) If an order has not been issued in the current home state of
the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state shall issue
a child support order, which controls.
(3) If two or more child support orders have been issued for the
same obligor and same child, upon request of a party who is an
individual or that is a support enforcement agency, a tribunal of this
state having personal jurisdiction over both the obligor and the
obligee who is an individual shall determine which order controls under
subsection (2) of this section. The request may be filed with a
registration for enforcement or registration for modification pursuant
to Article 6 of this chapter, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be
accompanied by a copy of every child support order in effect and the
applicable record of payments. The requesting party shall give notice
of the request to each party whose rights may be affected by the
determination.
(5) The tribunal that issued the controlling order under subsection
(1), (2), or (3) of this section has continuing jurisdiction to the
extent provided in RCW 26.21A.120 or 26.21A.125.
(6) A tribunal of this state that determines by order which is the
controlling order under subsection (2)(a) or (b) or (3) of this section
or that issues a new controlling order under subsection (2)(c) of this
section shall state in that order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) The total amount of consolidated arrears and accrued interest,
if any, under all of the orders after all payments made are credited as
provided by RCW 26.21A.140.
(7) Within thirty days after issuance of an order determining which
is the controlling order, the party obtaining the order shall file a
certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support enforcement agency
obtaining the order that fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the issue of failure to
file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
(8) An order that has been determined to be the controlling order,
or a judgment for consolidated arrears of support and interest, if any,
made pursuant to this section must be recognized in proceedings under
this chapter.
Sec. 9 RCW 26.21A.135 and 2002 c 198 s 208 are each amended to
read as follows:
In responding to registrations or petitions for enforcement of two
or more child support orders in effect at the same time with regard to
the same obligor and different individual obligees, at least one of
which was issued by a tribunal of another state or a foreign country,
a tribunal of this state shall enforce those orders in the same manner
as if the orders had been issued by a tribunal of this state.
Sec. 10 RCW 26.21A.140 and 2002 c 198 s 209 are each amended to
read as follows:
A tribunal of this state shall credit amounts collected for a
particular period pursuant to any child support order against the
amounts owed for the same period under any other child support order
for support of the same child issued by a tribunal of this ((or))
state, another state, or a foreign country.
Sec. 11 RCW 26.21A.150 and 2002 c 198 s 211 are each amended to
read as follows:
(1) A tribunal of this state issuing a spousal support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal support order throughout the
existence of the support obligation.
(2) A tribunal of this state may not modify a spousal support order
issued by a tribunal of another state or a foreign country having
continuing, exclusive jurisdiction over that order under the law of
that state or foreign country.
(3) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
(a) An initiating tribunal to request a tribunal of another state
to enforce the spousal support order issued in this state; or
(b) A responding tribunal to enforce or modify its own spousal
support order.
Sec. 12 RCW 26.21A.200 and 2002 c 198 s 301 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, this article
applies to all proceedings under this chapter.
(2) An individual petitioner or a support enforcement agency may
initiate a proceeding authorized under this chapter by filing a
petition in an initiating tribunal for forwarding to a responding
tribunal or by filing a petition or a comparable pleading directly in
a tribunal of another state or a foreign country which has or can
obtain personal jurisdiction over the respondent.
Sec. 13 RCW 26.21A.215 and 2002 c 198 s 304 are each amended to
read as follows:
(1) Upon the filing of a petition authorized by this chapter, an
initiating tribunal of this state shall forward the petition and its
accompanying documents:
(a) To the responding tribunal or appropriate support enforcement
agency in the responding state; or
(b) If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
(2) If requested by the responding tribunal, a tribunal of this
state shall issue a certificate or other document and make findings
required by the law of the responding state. If the responding
((state)) tribunal is in a foreign country ((or political
subdivision)), upon request the tribunal of this state shall specify
the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market
exchange rate((s)) as publicly reported, and provide any other
documents necessary to satisfy the requirements of the responding
((state)) foreign tribunal.
Sec. 14 RCW 26.21A.220 and 2002 c 198 s 305 are each amended to
read as follows:
(1) When a responding tribunal of this state receives a petition or
comparable pleading from an initiating tribunal or directly pursuant to
RCW 26.21A.200(2), it shall cause the petition or pleading to be filed
and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(a) ((Issue)) Establish or enforce a support order, modify a child
support order, determine the controlling child support order, or
determine parentage of a child;
(b) Order an obligor to comply with a support order, specifying the
amount and the manner of compliance;
(c) Order income withholding;
(d) Determine the amount of any arrearages, and specify a method of
payment;
(e) Enforce orders by civil or criminal contempt, or both;
(f) Set aside property for satisfaction of the support order;
(g) Place liens and order execution on the obligor's property;
(h) Order an obligor to keep the tribunal informed of the obligor's
current residential address, electronic mail address, telephone number,
employer, address of employment, and telephone number at the place of
employment;
(i) Issue a bench warrant ((or writ of arrest)) for an obligor who
has failed after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant ((or writ of arrest)) in any local
and state computer systems for criminal warrants;
(j) Order the obligor to seek appropriate employment by specified
methods;
(k) Award reasonable attorneys' fees and other fees and costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a support
order issued under this chapter, or in the documents accompanying the
order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the
payment of a support order issued under this chapter upon compliance by
a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order under
this chapter, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.
(6) If requested to enforce a support order, arrears, or judgment
or modify a support order stated in a foreign currency, a responding
tribunal of this state shall convert the amount stated in the foreign
currency to the equivalent amount in dollars under the applicable
official or market exchange rate((s)) as publicly reported.
Sec. 15 RCW 26.21A.225 and 2002 c 198 s 306 are each amended to
read as follows:
If a petition or comparable pleading is received by an
inappropriate tribunal of this state, the tribunal shall forward the
pleading and accompanying documents to an appropriate tribunal ((in))
of this state or another state and notify the petitioner where and when
the pleading was sent.
Sec. 16 RCW 26.21A.230 and 2002 c 198 s 307 are each amended to
read as follows:
(1) A support enforcement agency of this state, upon request, shall
provide services to a petitioner in a proceeding under this chapter.
(2) A support enforcement agency of this state that is providing
services to the petitioner shall:
(a) Take all steps necessary to enable an appropriate tribunal
((in)) of this state ((or)), another state, or a foreign country to
obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date, time, and place
for a hearing;
(c) Make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties;
(d) Within two days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written notice in a record from an
initiating, responding, or registering tribunal, send a copy of the
notice to the petitioner;
(e) Within two days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written communication in a record from the
respondent or the respondent's attorney, send a copy of the
communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent
cannot be obtained.
(3) A support enforcement agency of this state that requests
registration of a child support order in this state for enforcement or
for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is the controlling
order; or
(b) If two or more child support orders exist and the identity of
the controlling order has not been determined, to ensure that a request
for such a determination is made in a tribunal having jurisdiction to
do so.
(4) A support enforcement agency of this state that requests
registration and enforcement of a support order, arrears, or judgment
stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate((s)) as publicly reported.
(5) A support enforcement agency of this state shall issue or
request a tribunal of this state to issue a child support order and an
income-withholding order that redirect payment of current support,
arrears, and interest if requested to do so by a support enforcement
agency of another state pursuant to RCW 26.21A.290.
(6) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.
Sec. 17 RCW 26.21A.235 and 2002 c 198 s 308 are each amended to
read as follows:
(1) If the appropriate state official or agency determines that the
support enforcement agency is neglecting or refusing to provide
services to an individual, the state official or agency may order the
agency to perform its duties under this chapter or may provide those
services directly to the individual.
(2) The appropriate state official or agency may determine that a
foreign country ((or political subdivision)) has established a
reciprocal arrangement for child support with this state and take
appropriate action for notification of the determination.
Sec. 18 RCW 26.21A.245 and 2002 c 198 s 310 are each amended to
read as follows:
(1) The Washington state support registry under chapter 26.23 RCW
is the state information agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including addresses, of
the tribunals in this state ((that)) which have jurisdiction under this
chapter and any support enforcement agencies in this state and transmit
a copy to the state information agency of every other state;
(b) Maintain a register of names and addresses of tribunals and
support enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the county in this state
in which the obligee who is an individual or the obligor resides, or in
which the obligor's property is believed to be located, all documents
concerning a proceeding under this chapter received from ((an
initiating tribunal or the state information agency of the initiating))
another state or a foreign country; and
(d) Obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution, by
such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement, taxation,
motor vehicles, driver's licenses, and social security.
Sec. 19 RCW 26.21A.250 and 2002 c 198 s 311 are each amended to
read as follows:
(1) In a proceeding under this chapter, a petitioner seeking to
establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or
a foreign country must file a petition. Unless otherwise ordered under
RCW 26.21A.255, the petition or accompanying documents must provide, so
far as known, the name, residential address, and social security
numbers of the obligor and the obligee or the parent and alleged
parent, and the name, sex, residential address, social security number,
and date of birth of each child for whose benefit support is sought or
whose parentage is to be determined. Unless filed at the time of
registration, the petition must be accompanied by a copy of any support
order known to have been issued by another tribunal. The petition may
include any other information that may assist in locating or
identifying the respondent.
(2) The petition must specify the relief sought. The petition and
accompanying documents must conform substantially with the requirements
imposed by the forms mandated by federal law for use in cases filed by
a support enforcement agency.
(((3) A petitioner seeking to establish or modify a support order
or to determine parentage in a proceeding under this chapter shall file
a properly completed confidential information form or equivalent as
described in RCW 26.23.050 to satisfy the requirements of subsection
(1) of this section. A completed confidential information form shall
be deemed an "accompanying document" under subsection (1) of this
section.))
Sec. 20 RCW 26.21A.260 and 2002 c 198 s 313 are each amended to
read as follows:
(1) The petitioner may not be required to pay a filing fee or other
costs.
(2) If an obligee prevails, a responding tribunal of this state may
assess against an obligor filing fees, reasonable attorneys' fees,
other costs, and necessary travel and other reasonable expenses
incurred by the obligee and the obligee's witnesses. The tribunal may
not assess fees, costs, or expenses against the obligee or the support
enforcement agency of either the initiating or ((the)) responding state
or foreign country, except as provided by other law. Attorneys' fees
may be taxed as costs, and may be ordered paid directly to the
attorney, who may enforce the order in the attorney's own name.
Payment of support owed to the obligee has priority over fees, costs,
and expenses.
(3) The tribunal shall order the payment of costs and reasonable
attorneys' fees if it determines that a hearing was requested primarily
for delay. In a proceeding under Article 6 of this chapter, a hearing
is presumed to have been requested primarily for delay if a registered
support order is confirmed or enforced without change.
Sec. 21 RCW 26.21A.275 and 2002 c 198 s 316 are each amended to
read as follows:
(1) The physical presence of a nonresident party who is an
individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or the
rendition of a judgment determining parentage of a child.
(2) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them,
((that)) which would not be excluded under the hearsay rule if given in
person, is admissible in evidence if given under penalty of perjury by
a party or witness residing ((in another)) outside this state.
(3) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(4) Copies of bills for testing for parentage of a child, and for
prenatal and postnatal health care of the mother and child, furnished
to the adverse party at least ten days before trial, are admissible in
evidence to prove the amount of the charges billed and that the charges
were reasonable, necessary, and customary.
(5) Documentary evidence transmitted from ((another)) outside this
state to a tribunal of this state by telephone, telecopier, or other
electronic means that do not provide an original record may not be
excluded from evidence on an objection based on the means of
transmission.
(6) In a proceeding under this chapter, a tribunal of this state
shall permit a party or witness residing ((in another)) outside this
state to be deposed or to testify under penalty of perjury by
telephone, audiovisual means, or other electronic means at a designated
tribunal or other location ((in that state)). A tribunal of this state
shall cooperate with other tribunals ((of other states)) in designating
an appropriate location for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating, the
trier of fact may draw an adverse inference from the refusal.
(8) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
(9) The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under this
chapter.
(10) A voluntary acknowledgment of paternity, certified as a true
copy, is admissible to establish parentage of the child.
Sec. 22 RCW 26.21A.280 and 2002 c 198 s 317 are each amended to
read as follows:
A tribunal of this state may communicate with a tribunal ((of
another)) outside this state ((or foreign country or political
subdivision)) in a record, or by telephone, electronic mail, or other
means, to obtain information concerning the laws, the legal effect of
a judgment, decree, or order of that tribunal, and the status of a
proceeding ((in the other state or foreign country or political
subdivision)). A tribunal of this state may furnish similar
information by similar means to a tribunal ((of another)) outside this
state ((or foreign country or political subdivision)).
Sec. 23 RCW 26.21A.285 and 2002 c 198 s 318 are each amended to
read as follows:
A tribunal of this state may:
(1) Request a tribunal ((of another)) outside this state to assist
in obtaining discovery; and
(2) Upon request, compel a person over ((whom)) which it has
jurisdiction to respond to a discovery order issued by a tribunal ((of
another)) outside this state.
Sec. 24 RCW 26.21A.290 and 2002 c 198 s 319 are each amended to
read as follows:
(1) A support enforcement agency or tribunal of this state shall
disburse promptly any amounts received pursuant to a support order, as
directed by the order. The agency or tribunal shall furnish to a
requesting party or tribunal of another state or a foreign country a
certified statement by the custodian of the record of the amounts and
dates of all payments received.
(2) If neither the obligor, nor the obligee who is an individual,
((or)) nor the child ((does not)) resides in this state, upon request
from the support enforcement agency of this state or another state, the
support enforcement agency of this state or a tribunal of this state
shall:
(a) Direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving
services; and
(b) Issue and send to the obligor's employer a conforming
income-withholding order or an administrative notice of change of
payee, reflecting the redirected payments.
(3) The support enforcement agency of this state receiving
redirected payments from another state pursuant to a law similar to
subsection (2) of this section shall furnish to a requesting party or
tribunal of the other state a certified statement by the custodian of
the record of the amount and dates of all payments received.
Sec. 25 RCW 26.21A.350 and 2002 c 198 s 401 are each amended to
read as follows:
(1) If a support order entitled to recognition under this chapter
has not been issued, a responding tribunal of this state with personal
jurisdiction over the parties may issue a support order if:
(a) The individual seeking the order resides ((in another)) outside
this state; or
(b) The support enforcement agency seeking the order is located
((in another)) outside this state.
(2) The tribunal may issue a temporary child support order if the
tribunal determines that such an order is appropriate and the
individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic testing;
(d) An alleged father who has declined to submit to genetic
testing;
(e) Shown by clear and convincing evidence to be the father of the
child;
(f) An acknowledged father as provided by applicable state law;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a
previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an
obligor owes a duty of support, the tribunal shall issue a support
order directed to the obligor and may issue other orders pursuant to
RCW 26.21A.220.
Sec. 26 RCW 26.21A.415 and 2002 c 198 s 504 are each amended to
read as follows:
An employer ((who)) that complies with an income-withholding order
issued in another state in accordance with this article is not subject
to civil liability to an individual or agency with regard to the
employer's withholding of child support from the obligor's income.
Sec. 27 RCW 26.21A.420 and 2002 c 198 s 505 are each amended to
read as follows:
An employer ((who)) that willfully fails to comply with an income-withholding order issued ((by)) in another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
Sec. 28 RCW 26.21A.430 and 2002 c 198 s 507 are each amended to
read as follows:
(1) A party or support enforcement agency seeking to enforce a
support order or an income-withholding order, or both, issued ((by a
tribunal of)) in another state or a foreign support order may send the
documents required for registering the order to a support enforcement
agency of this state.
(2) Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and, if
appropriate, use any administrative procedure authorized by the law of
this state to enforce a support order or an income-withholding order,
or both. If the obligor does not contest administrative enforcement,
the order need not be registered. If the obligor contests the validity
or administrative enforcement of the order, the support enforcement
agency shall register the order pursuant to this chapter.
Sec. 29 RCW 26.21A.500 and 2002 c 198 s 601 are each amended to
read as follows:
A support order or income-withholding order issued ((by a tribunal
of)) in another state or a foreign support order may be registered in
this state for enforcement.
Sec. 30 RCW 26.21A.505 and 2002 c 198 s 602 are each amended to
read as follows:
(1) Except as otherwise provided in section 51 of this act, a
support order or income-withholding order of another state or a foreign
support order may be registered in this state by sending the following
records ((and information)) to the appropriate tribunal in this state:
(a) A letter of transmittal to the tribunal requesting registration
and enforcement;
(b) Two copies, including one certified copy, of the order to be
registered, including any modification of the order;
(c) A sworn statement by the person requesting registration or a
certified statement by the custodian of the records showing the amount
of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and any other
source of income of the obligor; and
(iii) A description and the location of property of the obligor in
this state not exempt from execution; and
(e) Except as otherwise provided in RCW 26.21A.255, the name and
address of the obligee and, if applicable, the person to whom support
payments are to be remitted.
(2) On receipt of a request for registration, the registering
tribunal shall cause the order to be filed as ((a foreign judgment)) an
order of a tribunal of another state or a foreign support order,
together with one copy of the documents and information, regardless of
their form.
(3) A petition or comparable pleading seeking a remedy that must be
affirmatively sought under other law of this state may be filed at the
same time as the request for registration or later. The pleading must
specify the grounds for the remedy sought.
(4) If two or more orders are in effect, the person requesting
registration shall:
(a) Furnish to the tribunal a copy of every support order asserted
to be in effect in addition to the documents specified in this section;
(b) Specify the order alleged to be the controlling order, if any;
and
(c) Specify the amount of consolidated arrears, if any.
(5) A request for a determination of which is the controlling order
may be filed separately or with a request for registration and
enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each party
whose rights may be affected by the determination.
Sec. 31 RCW 26.21A.510 and 2002 c 198 s 603 are each amended to
read as follows:
(1) A support order or income-withholding order issued in another
state or a foreign support order is registered when the order is filed
in the registering tribunal of this state.
(2) A registered support order issued in another state or a foreign
country is enforceable in the same manner and is subject to the same
procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this ((article)) chapter, a
tribunal of this state shall recognize and enforce, but may not modify,
a registered support order if the issuing tribunal had jurisdiction.
Sec. 32 RCW 26.21A.515 and 2002 c 198 s 604 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (4) of this section,
the law of the issuing state or foreign country governs:
(a) The nature, extent, amount, and duration of current payments
under a registered support order;
(b) The computation and payment of arrearages and accrual of
interest on the arrearages under the ((registered)) support order; and
(c) The existence and satisfaction of other obligations under the
((registered)) support order.
(2) In a proceeding for arrears under a registered support order,
the statute of limitation of this state or of the issuing state or
foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures
and remedies of this state to enforce current support and collect
arrears and interest due on a support order of another state or foreign
country registered in this state.
(4) After a tribunal of this or another state determines which is
the controlling order and issues an order consolidating arrears, if
any, a tribunal of this state shall prospectively apply the law of the
state or foreign country issuing the ((registered)) controlling order,
including its law on interest on arrears, on current and future
support, and on consolidated arrears.
Sec. 33 RCW 26.21A.520 and 2002 c 198 s 605 are each amended to
read as follows:
(1) When a support order or income-withholding order issued in
another state or a foreign support order is registered, the registering
tribunal of this state shall notify the nonregistering party. The
notice must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(2) A notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of
this state;
(b) That a hearing to contest the validity or enforcement of the
registered order must be requested within twenty days after notice
unless the registered order is under section 52 of this act;
(c) That failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and the alleged arrearages; and
(d) Of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in
effect, a notice must also:
(a) Identify the two or more orders and the order alleged by the
registering ((person)) party to be the controlling order and the
consolidated arrears, if any;
(b) Notify the nonregistering party of the right to a determination
of which is the controlling order;
(c) State that the procedures provided in subsection (2) of this
section apply to the determination of which is the controlling order;
and
(d) State that failure to contest the validity or enforcement of
the order alleged to be the controlling order in a timely manner may
result in confirmation that the order is the controlling order.
(4) Upon registration of an income-withholding order for
enforcement, the support enforcement agency or the registering tribunal
shall notify the obligor's employer pursuant to the income-withholding
law of this state.
Sec. 34 RCW 26.21A.525 and 2002 c 198 s 606 are each amended to
read as follows:
(1) A nonregistering party seeking to contest the validity or
enforcement of a registered support order in this state shall request
a hearing within ((twenty days after notice of the registration)) time
required by RCW 26.21A.520. The nonregistering party may seek to
vacate the registration, to assert any defense to an allegation of
noncompliance with the registered order, or to contest the remedies
being sought or the amount of any alleged arrearages pursuant to RCW
26.21A.530.
(2) If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered order, the registering
tribunal shall schedule the matter for hearing and give notice to the
parties of the date, time, and place of the hearing.
Sec. 35 RCW 26.21A.530 and 2002 c 198 s 607 are each amended to
read as follows:
(1) A party contesting the validity or enforcement of a registered
support order or seeking to vacate the registration has the burden of
proving one or more of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over the
contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified by a later
order;
(d) The issuing tribunal has stayed the order pending appeal;
(e) There is a defense under the law of this state to the remedy
sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under RCW 26.21A.515 precludes
enforcement of some or all of the alleged arrearages; or
(h) The alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial
defense under subsection (1) of this section, a tribunal may stay
enforcement of ((the)) a registered support order, continue the
proceeding to permit production of additional relevant evidence, and
issue other appropriate orders. An uncontested portion of the
registered support order may be enforced by all remedies available
under the law of this state.
(3) If the contesting party does not establish a defense under
subsection (1) of this section to the validity or enforcement of
((the)) a registered support order, the registering tribunal shall
issue an order confirming the order.
Sec. 36 RCW 26.21A.535 and 2002 c 198 s 608 are each amended to
read as follows:
Confirmation of a registered support order, whether by operation of
law or after notice and hearing, precludes further contest of the order
with respect to any matter that could have been asserted at the time of
registration.
Sec. 37 RCW 26.21A.540 and 2002 c 198 s 609 are each amended to
read as follows:
A party or support enforcement agency seeking to modify, or to
modify and enforce, a child support order issued in another state shall
register that order in this state in the same manner provided in ((Part
1 of this article)) RCW 26.21A.500 through 26.21A.535 if the order has
not been registered. A petition for modification may be filed at the
same time as a request for registration, or later. The pleading must
specify the grounds for modification.
Sec. 38 RCW 26.21A.545 and 2002 c 198 s 610 are each amended to
read as follows:
A tribunal of this state may enforce a child support order of
another state registered for purposes of modification, in the same
manner as if the order had been issued by a tribunal of this state, but
the registered support order may be modified only if the requirements
of RCW 26.21A.550 or 26.21A.560 have been met.
Sec. 39 RCW 26.21A.550 and 2002 c 198 s 611 are each amended to
read as follows:
(1) If RCW 26.21A.560 does not apply, ((except as otherwise
provided in RCW 26.21A.570,)) upon petition a tribunal of this state
may modify a child support order issued in another state which is
registered in this state if, after notice and hearing the tribunal
finds that:
(a) The following requirements are met:
(i) Neither the child, nor the obligee who is an individual,
((and)) nor the obligor ((do not)) resides in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks
modification; and
(iii) The respondent is subject to the personal jurisdiction of the
tribunal of this state; or
(b) This state is ((either the state of)) the residence of the
child, or ((of)) a party who is an individual is subject to the
personal jurisdiction of the tribunal of this state, and all of the
parties who are individuals have filed consents in a record in the
issuing tribunal for a tribunal of this state to modify the support
order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is subject to
the same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the
order may be enforced and satisfied in the same manner.
(3) ((Except as otherwise provided in RCW 26.21A.570,)) A tribunal
of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing state, including the
duration of the obligation of support. If two or more tribunals have
issued child support orders for the same obligor and same child, the
order that controls and must be so recognized under RCW 26.21A.130
establishes the aspects of the support order ((that)) which are
nonmodifiable.
(4) In a proceeding to modify a child support order, the law of the
state that is determined to have issued the initial controlling order
governs the duration of the obligation of support. The obligor's
fulfillment of the duty of support established by that order precludes
imposition of a further obligation of support by a tribunal of this
state.
(5) On the issuance of an order by a tribunal of this state
modifying a child support order issued in another state, the tribunal
of this state becomes the tribunal having continuing, exclusive
jurisdiction.
(6) Notwithstanding subsections (1) through (5) of this section and
RCW 26.21A.100(2), a tribunal of this state retains jurisdiction to
modify an order issued by a tribunal of this state if:
(a) One party resides in another state; and
(b) The other party resides outside the United States.
Sec. 40 RCW 26.21A.570 and 2002 c 198 s 615 are each amended to
read as follows:
(1) Except as otherwise provided in section 56 of this act, if a
foreign country ((or political subdivision that is a state will not or
may not modify its order)) lacks or refuses to exercise jurisdiction to
modify its child support order pursuant to its laws, a tribunal of this
state may assume jurisdiction to modify the child support order and
bind all individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a child support
order otherwise required of the individual pursuant to RCW 26.21A.550
has been given or whether the individual seeking modification is a
resident of this state or of the foreign country ((or political
subdivision)).
(2) An order issued by a tribunal of this state modifying a foreign
child support order pursuant to this section is the controlling order.
NEW SECTION. Sec. 41 A new section is added to chapter 26.21A
RCW under the subchapter heading "Article 1" to read as follows:
(a) A foreign support order;
(b) A foreign tribunal; or
(c) An obligee, obligor, or child residing in a foreign country.
(2) A tribunal of this state that is requested to recognize and
enforce a support order on the basis of comity may apply the procedural
and substantive provisions of Articles 1 through 6 of this chapter.
(3) Article 7 of this chapter applies only to a support proceeding
under the convention. In such a proceeding, if a provision of Article
7 of this chapter is inconsistent with a provision of Articles 1
through 6 of this chapter, Article 7 of this chapter controls.
NEW SECTION. Sec. 42 A new section is added to chapter 26.21A
RCW under the subchapter heading "Article 2" to read as follows:
NEW SECTION. Sec. 43 A new section is added to chapter 26.21A
RCW under the subchapter heading "Article 2" to read as follows:
NEW SECTION. Sec. 44 A new section is added to chapter 26.21A
RCW under the subchapter heading "Article 4" to read as follows:
NEW SECTION. Sec. 45 A new section is added to chapter 26.21A
RCW to read as follows:
NEW SECTION. Sec. 46
(1) "Application" means a request under the convention by an
obligee or obligor, or on behalf of a child, made through a central
authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United
States or a foreign country described in RCW 26.21A.010(5)(d) to
perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal
of a foreign country described in RCW 26.21A.010(5)(d).
(4) "Direct request" means a petition filed by an individual in a
tribunal of this state in a proceeding involving an obligee, obligor,
or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a
foreign country described in RCW 26.21A.010(5)(d) to perform the
functions specified in the convention.
(6) "Foreign support agreement":
(a) Means an agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(A) Formally drawn up or registered as an authentic instrument by
a foreign tribunal;
(B) Authenticated by or concluded, registered, or filed with a
foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument
under the convention.
(7) "United States central authority" means the secretary of the
United States department of health and human services.
NEW SECTION. Sec. 47
NEW SECTION. Sec. 48
NEW SECTION. Sec. 49
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding
regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee
under the convention:
(a) Recognition or recognition and enforcement of a foreign support
order;
(b) Enforcement of a support order issued or recognized in this
state;
(c) Establishment of a support order if there is no existing order
including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign
support order is refused under section 53 (2), (4), or (9) of this act;
(e) Modification of a support order of a tribunal of this state;
and
(f) Modification of a support order of a tribunal of another state
or a foreign country.
(3) The following support proceedings are available under the
convention to an obligor against which there is an existing support
order:
(a) Recognition of an order suspending or limiting enforcement of
an existing support order of a tribunal of this state;
(b) Modification of a support order of a tribunal of this state;
and
(c) Modification of a support order of a tribunal of another state
or a foreign country.
(4) A tribunal of this state may not require security, bond, or
deposit, however described, to guarantee the payment of costs and
expenses in proceedings under the convention.
NEW SECTION. Sec. 50
(2) A petitioner may file a direct request seeking recognition and
enforcement of a support order or support agreement. In the
proceeding, sections 51 through 58 of this act apply.
(3) In a direct request for recognition and enforcement of a
convention support order or foreign support agreement:
(a) A security, bond, or deposit is not required to guarantee the
payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited
from free legal assistance is entitled to benefit, at least to the same
extent, from any free legal assistance provided for by the law of this
state under the same circumstances.
(4) A petitioner filing a direct request is not entitled to
assistance from the department of social and health services.
(5) This article does not prevent the application of laws of this
state that provide simplified, more expeditious rules regarding a
direct request for recognition and enforcement of a foreign support
order or foreign support agreement.
NEW SECTION. Sec. 51
(2) Notwithstanding RCW 26.21A.250 and 26.21A.505(1), a request for
registration of a convention support order must be accompanied by:
(a) A complete text of the support order, or an abstract or extract
of the support order drawn up by the issuing foreign tribunal, which
may be in the form recommended by the Hague conference on private
international law;
(b) A record stating that the support order is enforceable in the
issuing country;
(c) If the respondent did not appear and was not represented in the
proceedings in the issuing country, a record attesting, as appropriate,
either that the respondent had proper notice of the proceedings and an
opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal
on fact or law before a tribunal;
(d) A record showing the amount of arrears, if any, and the date
the amount was calculated;
(e) A record showing a requirement for automatic adjustment of the
amount of support, if any, and the information necessary to make the
appropriate calculations; and
(f) If necessary, a record showing the extent to which the
applicant received free legal assistance in the issuing country.
(3) A request for registration of a convention support order may
seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a
convention support order without the filing of a contest under section
52 of this act, only if, acting on its own motion, the tribunal finds
that recognition and enforcement of the order would be manifestly
incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the
registration or the order vacating the registration of a convention
support order.
NEW SECTION. Sec. 52
(2) A party contesting a registered convention support order shall
file a contest not later than thirty days after notice of the
registration, but if the contesting party does not reside in the United
States, the contest must be filed not later than sixty days after
notice of the registration.
(3) If the nonregistering party fails to contest the registered
convention support order by the time specified in subsection (2) of
this section, the order is enforceable.
(4) A contest of a registered convention support order may be based
only on grounds set forth in section 53 of this act. The contesting
party bears the burden of proof.
(5) In a contest of a registered convention support order, a
tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal
based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered
convention support order shall promptly notify the parties of its
decision.
(7) A challenge or appeal, if any, does not stay the enforcement of
a convention support order unless there are exceptional circumstances.
NEW SECTION. Sec. 53
(2) The following grounds are the only grounds on which a tribunal
of this state may refuse recognition and enforcement of a registered
convention support order:
(a) Recognition and enforcement of the order is manifestly
incompatible with public policy, including the failure of the issuing
tribunal to observe minimum standards of due process, which include
notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent
with RCW 26.21A.100;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of
procedure;
(e) A record transmitted in accordance with section 51 of this act
lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same
purpose is pending before a tribunal of this state and that proceeding
was the first to be filed;
(g) The order is incompatible with a more recent support order
involving the same parties and having the same purpose if the more
recent support order is entitled to recognition and enforcement under
this chapter in this state;
(h) Payment, to the extent alleged arrears have been paid in whole
or in part;
(i) In a case in which the respondent neither appeared nor was
represented in the proceeding in the issuing foreign country:
(i) If the law of that country provides for prior notice of
proceedings, the respondent did not have proper notice of the
proceedings and an opportunity to be heard; or
(ii) If the law of that country does not provide for prior notice
of the proceedings, the respondent did not have proper notice of the
order and an opportunity to be heard in a challenge or appeal on fact
or law before a tribunal; or
(j) The order was made in violation of section 56 of this act.
(3) If a tribunal of this state does not recognize a convention
support order under subsection (2)(b), (d), (f), or (i) of this
section:
(a) The tribunal may not dismiss the proceeding without allowing a
reasonable time for a party to request the establishment of a new
convention support order; and
(b) The department of social and health services shall take all
appropriate measures to request a child support order for the obligee
if the application for recognition and enforcement was received under
section 49 of this act.
NEW SECTION. Sec. 54
NEW SECTION. Sec. 55
(2) An application or direct request for recognition and
enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is
enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a
foreign support agreement only if, acting on its own motion, the
tribunal finds that recognition and enforcement would be manifestly
incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this
state may refuse recognition and enforcement of the agreement if it
finds:
(a) Recognition and enforcement of the agreement is manifestly
incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving
the same parties and having the same purpose in this state, another
state, or a foreign country if the support order is entitled to
recognition and enforcement under this chapter in this state; or
(d) The record submitted under subsection (2) of this section lacks
authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign
support agreement must be suspended during the pendency of a challenge
to or appeal of the agreement before a tribunal of another state or a
foreign country.
NEW SECTION. Sec. 56
(a) The obligee submits to the jurisdiction of a tribunal of this
state, either expressly or by defending on the merits of the case
without objecting to the jurisdiction at the first available
opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction
to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child
support order because the order is not recognized in this state,
section 53(3) of this act applies.
NEW SECTION. Sec. 57
NEW SECTION. Sec. 58
NEW SECTION. Sec. 59 The following acts or parts of acts are
each repealed:
(1) RCW 26.21A.105 (Procedure when exercising jurisdiction over
nonresident) and 2002 c 198 s 202;
(2) RCW 26.21A.145 (Continuing, exclusive jurisdiction over
nonresident party) and 2002 c 198 s 210; and
(3) RCW 26.21A.600 (Proceeding to determine parentage) and 2002 c
198 s 701.
NEW SECTION. Sec. 60 A new section is added to chapter 26.21A
RCW under the subchapter heading "Article 9" to read as follows:
NEW SECTION. Sec. 61 RCW 26.21A.570 and section 45 of this act
are to be codified under the subchapter heading "Article 6" of chapter
26.21A RCW under the subheading:
NEW SECTION. Sec. 62 Sections 46 through 58 of this act are each
added to chapter
NEW SECTION. Sec. 63 (1) This act takes effect six months after
the earlier of:
(a) Congress amending 42 U.S.C. Sec. 666(f) to allow or require
states to adopt the version of the uniform interstate family support
act created by this act; or
(b) The state obtaining a waiver of its state plan requirement
under Title IV-D of the federal social security act.
(2) The department of social services must provide notice of the
occurrence of either of the events described in subsection (1) of this
section to affected parties, the chief clerk of the house of
representatives, the secretary of the senate, the office of the code
reviser, and others as deemed appropriate by the department.