title: RCW 26.21A.255

text:
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
[ 2002 c 198 s 312.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Nondisclosure of information in exceptional circumstances.


doc_type: statute

jurisdiction: wa

title: RCW 26.21A.260

text:
(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 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.
[ 2015 c 214 s 20; 2002 c 198 s 313.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Costs and fees.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 26.21A.265

text:
(1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
[ 2002 c 198 s 314.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Limited immunity of petitioner.


title: RCW 26.21A.270

text:
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
[ 2002 c 198 s 315.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Nonparentage as defense.


title: RCW 26.21A.275

text:
(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, 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 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 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 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. A tribunal of this state shall cooperate with other tribunals 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.
[ 2015 c 214 s 21; 2002 c 198 s 316.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Special rules of evidence and procedure.


title: RCW 26.21A.280

text:
A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, email, 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. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
[ 2015 c 214 s 22; 2002 c 198 s 317.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Communications between tribunals.


title: RCW 26.21A.285

text:
A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
[ 2015 c 214 s 23; 2002 c 198 s 318.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Assistance with discovery.


title: RCW 26.21A.290

text:
(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, nor the child 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.
[ 2015 c 214 s 24; 2002 c 198 s 319.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Receipt and disbursement of payments.


title: RCW 26.21A.350

text:
(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 outside this state; or
(b) The support enforcement agency seeking the order is located 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.
[ 2015 c 214 s 25; 2002 c 198 s 401.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Establishment of support order.


title: RCW 26.21A.355

text:
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
[ 2015 c 214 s 44.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Proceeding to determine parentage.


title: RCW 26.21A.400

text:
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under RCW 50.04.080 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
[ 2002 c 198 s 501.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Employer's receipt of income-withholding order of another state.


title: RCW 26.21A.405

text:
(1) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(2) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as provided in subsection (4) of this section and RCW 26.21A.410, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(a) The duration and amount of periodic payments of current child support, stated as a sum certain;
(b) The person designated to receive payments and the address to which the payments are to be forwarded;
(c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(4) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(a) The employer's fee for processing an income-withholding order;
(b) The maximum amount permitted to be withheld from the obligor's income; and
(c) The times within which the employer must implement the withholding order and forward the child support payment.
[ 2002 c 198 s 502.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Employer's compliance with income-withholding order of another state.


title: RCW 26.21A.410

text:
If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
[ 2002 c 198 s 503.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Employer's compliance with two or more income-withholding orders.


title: RCW 26.21A.415

text:
An employer 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.
[ 2015 c 214 s 26; 2002 c 198 s 504.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Immunity from civil liability.


title: RCW 26.21A.420

text:
An employer that willfully fails to comply with an income-withholding order issued 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.
[ 2015 c 214 s 27; 2002 c 198 s 505.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Penalties for noncompliance.


title: RCW 26.21A.425

text:
(1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6 of this chapter, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. RCW 26.21A.515 applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to the obligee;
(b) Each employer that has directly received an income-withholding order relating to the obligor; and
(c) The person designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.
[ 2002 c 198 s 506.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Contest by obligor.


title: RCW 26.21A.430

text:
(1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued 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.
[ 2015 c 214 s 28; 2002 c 198 s 507.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Administrative enforcement of orders.


title: RCW 26.21A.500

text:
A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
[ 2015 c 214 s 29; 2002 c 198 s 601.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Registration of order for enforcement.


title: RCW 26.21A.505

text:
(1) Except as otherwise provided in RCW 26.21A.613, 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 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 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.
[ 2015 c 214 s 30; 2002 c 198 s 602.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Procedure to register order for enforcement.


title: RCW 26.21A.510

text:
(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 chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
[ 2015 c 214 s 31; 2002 c 198 s 603.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Effect of registration for enforcement.


title: RCW 26.21A.515

text:
(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 support order; and
(c) The existence and satisfaction of other obligations under the 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 controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
[ 2015 c 214 s 32; 2002 c 198 s 604.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Choice of law.


title: RCW 26.21A.520

text:
(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 RCW 26.21A.615;
(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 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.
[ 2015 c 214 s 33; 2002 c 198 s 605.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Notice of registration of order.


title: RCW 26.21A.525

text:
(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the 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.
[ 2015 c 214 s 34; 2002 c 198 s 606.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Procedure to contest validity or enforcement of registered support order.


title: RCW 26.21A.530

text:
(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 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 a registered support order, the registering tribunal shall issue an order confirming the order.
[ 2015 c 214 s 35; 2002 c 198 s 607.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Contest of registration or enforcement.


title: RCW 26.21A.535

text:
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.
[ 2015 c 214 s 36; 2002 c 198 s 608.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Confirmed order.


title: RCW 26.21A.540

text:
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 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.
[ 2015 c 214 s 37; 2002 c 198 s 609.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Procedure to register child support order of another state for modification.


title: RCW 26.21A.545

text:
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.
[ 2015 c 214 s 38; 2002 c 198 s 610.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Effect of registration for modification.


title: RCW 26.21A.550

text:
(1) If RCW 26.21A.560 does not apply, 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, nor the obligor 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 the residence of the child, or 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) 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 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.
[ 2015 c 214 s 39; 2002 c 198 s 611.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Modification of child support order of another state.


title: RCW 26.21A.555

text:
If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide other appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
[ 2002 c 198 s 612.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Recognition of order modified in another state.


title: RCW 26.21A.560

text:
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2 of this chapter, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 of this chapter do not apply.
[ 2002 c 198 s 613.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Jurisdiction to modify child support order of another state when individual parties reside in this state.


title: RCW 26.21A.565

text:
Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and 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 modified order of the new tribunal having continuing, exclusive jurisdiction.
[ 2002 c 198 s 614.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Notice to issuing tribunal of modification.


title: RCW 26.21A.570

text:
(1) Except as otherwise provided in RCW 26.21A.625, if a foreign country 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.
(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
[ 2015 c 214 s 40; 2002 c 198 s 615.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Jurisdiction to modify child support order of foreign country.


title: RCW 26.21A.575

text:
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 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 at another time. The petition must specify the grounds for modification.
[ 2015 c 214 s 45.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Procedure to register child support order of foreign country for modification.


title: RCW 26.21A.601

text:
In this article:
(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; or
(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.
[ 2015 c 214 s 46.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Definitions.


title: RCW 26.21A.603

text:
This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 6 of this chapter, this article controls.
[ 2015 c 214 s 47.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Applicability.


title: RCW 26.21A.605

text:
The department of social and health services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
[ 2015 c 214 s 48.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Relationship of department of social and health services to United States central authority.


title: RCW 26.21A.607

text:
(1) In a support proceeding under this article, the department of social and health services of this state shall:
(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 RCW 26.21A.617(2) (b), (d), or (i);
(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.
[ 2015 c 214 s 49.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Initiation by department of social and health services of support proceeding under convention.


title: RCW 26.21A.610

text:
(1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In such a proceeding, the law of this state applies.
(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, RCW 26.21A.613 through 26.21A.630 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.
[ 2015 c 214 s 50.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Direct request.


title: RCW 26.21A.613

text:
(1) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Article 6 of this chapter.
(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 RCW 26.21A.615, 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.
[ 2015 c 214 s 51.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Registration of convention support order.


title: RCW 26.21A.615

text:
(1) Except as otherwise provided in this article, RCW 26.21A.520 through 26.21A.535 apply to a contest of a registered convention support order.
(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 RCW 26.21A.617. 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.
[ 2015 c 214 s 52.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Contest of registered convention support order.


title: RCW 26.21A.617

text:
(1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
(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 RCW 26.21A.613 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 RCW 26.21A.625.
(3) If a tribunal of this state does not recognize a convention support order under subsection (2)(b), (d), 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 RCW 26.21A.607.
[ 2015 c 214 s 53.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Recognition and enforcement of registered convention support order.


title: RCW 26.21A.620

text:
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
[ 2015 c 214 s 54.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Partial enforcement.


title: RCW 26.21A.623

text:
(1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(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.
[ 2015 c 214 s 55.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Foreign support agreement.


title: RCW 26.21A.625

text:
(1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(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, RCW 26.21A.617(3) applies.
[ 2015 c 214 s 56.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Modification of convention child support order.


title: RCW 26.21A.627

text:
Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
[ 2015 c 214 s 57.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Personal information—Limit on use.


title: RCW 26.21A.630

text:
A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.
[ 2015 c 214 s 58.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Record in original language—English translation.


title: RCW 26.21A.650

text:
(1) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state.
[ 2002 c 198 s 801.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Grounds for rendition.


title: RCW 26.21A.655

text:
(1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
[ 2002 c 198 s 802.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Conditions of rendition.


title: RCW 26.21A.900

text:
This act takes effect January 1, 2007.
[ 2006 c 96 s 1; 2002 c 198 s 906.]

catchline: Effective date—2002 c 198.


title: RCW 26.21A.905

text:
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2002 c 198 s 903.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Uniformity of application and construction.


title: RCW 26.21A.907

text:
This act applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
[ 2015 c 214 s 60.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Transitional provision.


title: RCW 26.21A.915

text:
Captions, part headings, and articles used in this act are not any part of the law.
[ 2002 c 198 s 902.]
Notes:
Effective date—2002 c 198: See RCW 26.21A.900.

catchline: Captions, part headings, and articles not part of law—2002 c 198.


title: RCW 26.23.010

text:
The legislature recognizes the financial impact on custodial parents and children when child support is not received on time, or in the correct amount. The legislature also recognizes the burden placed upon the responsible parent and the second family when enforcement action must be taken to collect delinquent support.
It is the intent of the legislature to create a central Washington state support registry to improve the recordkeeping of support obligations and payments, thereby providing protection for both parties, and reducing the burden on employers by creating a single standardized process through which support payments are deducted from earnings.
It is also the intent of the legislature that child support payments be made through income withholding if the responsible parent becomes delinquent in making support payments under a court or administrative order for support.
To that end, it is the intent of the legislature to interpret all existing statutes and processes to give effect to, and to implement, one central registry for recording and distributing support payments in this state.
[ 2021 c 35 s 12; 1987 c 435 s 1.]

catchline: Intent.


title: RCW 26.23.020

text:
The definitions contained in RCW 74.20A.020 shall be incorporated into and made a part of this chapter.
(1) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of an amount required by law to be withheld.
(2) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. Earnings shall specifically include all gain from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.
(3) "Employee" means a person in employment as defined in Title 50 RCW to whom an employer is paying, owes or anticipates paying earnings as a result of services performed.
(4) "Employer" means any person or entity who pays or owes earnings in employment as defined in Title 50 RCW to the responsible parent including but not limited to the United States government, or any state or local unit of government.
(5) "Lump sum payment" means income other than a periodic recurring payment of earnings on regular paydays and does not include reimbursement for expenses. Lump sum payment includes, but is not limited to, discretionary and nondiscretionary bonuses, commissions, performance bonuses, merit increases, safety awards, signing bonuses, moving and relocation incentive payments, holiday pay, termination pay, and severance pay. Lump sum payment also includes workers' compensation, insurance settlements, and personal injury settlements paid as replacement for wages owed.
(6) "Support order" means a superior court order or administrative order, as defined in RCW 74.20A.020.
[ 2023 c 248 s 2; 1987 c 435 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—2023 c 248: See note following RCW 26.23.063.

catchline: Definitions.


title: RCW 26.23.030

text:
(1) There is created a Washington state support registry within the division of child support as the agency designated in Washington state to administer the child support program under Title IV-D of the federal social security act. The registry shall:
(a) Provide a central unit for collection of support payments made to the registry;
(b) Account for and disburse all support payments received by the registry;
(c) Maintain the necessary records including, but not limited to, information on support orders, support debts, the date and amount of support due; the date and amount of payments; and the names, social security numbers, and addresses of the parties;
(d) Develop procedures for providing information to the parties regarding action taken by, and support payments collected and distributed by the registry; and
(e) Maintain a state child support case registry to compile and maintain records on all child support orders entered in the state of Washington.
(2) The division of child support may assess and collect interest at the rate of twelve percent per year on unpaid child support that has accrued under any support order entered into the registry. This interest rate shall not apply to those support orders already specifying an interest assessment at a different rate.
(3) The secretary of social and health services shall adopt rules for the maintenance and retention of records of support payments and for the archiving and destruction of such records when the support obligation terminates or is satisfied. When a support obligation established under court order entered in a superior court of this state has been satisfied, a satisfaction of judgment form shall be prepared by the registry and filed with the clerk of the court in which the order was entered.
[ 1997 c 58 s 905; 1989 c 360 s 6; 1988 c 275 s 18; 1987 c 435 s 3.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.

catchline: Registry—Creation—Duties—Interest on unpaid child support—Record retention.


title: RCW 26.23.033

text:
(1) The division of child support, Washington state support registry shall operate a state case registry containing records of all orders establishing or modifying a support order that are entered after October 1, 1998.
(2) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation that provide that support payments shall be made to the support registry.
(3) The division of child support shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the federal social security act.
(4) Effective October 1, 1998, the superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation.
(5) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the division of child support and who are not recipients of public assistance is deemed to be:
(a) A request for payment services only if the order requires payment to the Washington state support registry;
(b) A submission for inclusion in the state case registry if the order does not require that support payments be made to the Washington state support registry.
[ 1997 c 58 s 903.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

catchline: State case registry—Submission of support orders.


title: RCW 26.23.035

text:
(1) The department of social and health services shall adopt rules for the distribution of support money collected by the division of child support. These rules shall:
(a) Comply with Title IV-D of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 and the federal deficit reduction act of 2005;
(b) Direct the division of child support to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution:
(i) The location of the custodial parent is unknown;
(ii) The support debt is in litigation;
(iii) The division of child support cannot identify the responsible parent or the custodian;
(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; and
(d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before the debt owed to the state when the custodian stops receiving a public assistance grant.
(2) The division of child support may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee's consent. The payee may file an application for an adjudicative proceeding to challenge distribution to such other person. Prior to distributing support payments to any person other than the payee, the registry shall:
(a) Obtain a written statement from the child's physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee's consent;
(b) Mail to the responsible parent and to the payee at the payee's last known address a copy of the physical custodian's statement and a notice which states that support payments will be sent to the physical custodian; and
(c) File a copy of the notice with the clerk of the court that entered the original support order.
(3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate. Any set-off against future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected as current support.
(4) Effective February 1, 2021, consistent with 42 U.S.C. Sec. 657(a) as amended by section 7301(b)(7)(B) of the federal deficit reduction act of 2005, the department shall pass through child support that does not exceed fifty dollars per month collected on behalf of a family, or in the case of a family that includes two or more children an amount that is not more than one hundred dollars per month. The department has rule-making authority to implement this subsection.
[ 2020 c 349 s 1; 2010 2nd sp.s. c 3 s 1; 2007 c 143 s 2; 1997 c 58 s 933; 1991 c 367 s 38; 1989 c 360 s 34.]
Notes:
Effective date—2010 2nd sp.s. c 3: "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 May 1, 2011." [ 2010 2nd sp.s. c 3 s 2.]
Severability—2007 c 143: See note following RCW 26.18.170.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
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RCW 26.23.035
Distribution of support payments—Rules—Child support pass through. (Effective July 1, 2029.)
(1) The department of social and health services shall adopt rules for the distribution of support money collected by the division of child support. These rules shall:
(a) Comply with Title IV-D of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 and the federal deficit reduction act of 2005;
(b) Direct the division of child support to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution:
(i) The location of the custodial parent is unknown;
(ii) The support debt is in litigation;
(iii) The division of child support cannot identify the responsible parent or the custodian;
(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; and
(d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before the debt owed to the state when the custodian stops receiving a public assistance grant.
(2) The division of child support may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee's consent. The payee may file an application for an adjudicative proceeding to challenge distribution to such other person. Prior to distributing support payments to any person other than the payee, the registry shall:
(a) Obtain a written statement from the child's physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee's consent;
(b) Mail to the responsible parent and to the payee at the payee's last known address a copy of the physical custodian's statement and a notice which states that support payments will be sent to the physical custodian; and
(c) File a copy of the notice with the clerk of the court that entered the original support order.
(3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate. Any set-off against future support payments shall be limited to amounts collected on the support debt and 10 percent of amounts collected as current support.
(4) Consistent with 42 U.S.C. Sec. 657(a) as amended by section 7301(b)(7)(B) of the federal deficit reduction act of 2005, the department shall pass through to a family all amounts collected as current child support each month on behalf of the family. The department has rule-making authority to implement this subsection.
[ 2024 c 174 s 1; 2020 c 349 s 1; 2010 2nd sp.s. c 3 s 1; 2007 c 143 s 2; 1997 c 58 s 933; 1991 c 367 s 38; 1989 c 360 s 34.]
Notes:
Effective date—2025 c 402; 2024 c 174: "This act takes effect July 1, 2029." [ 2025 c 402 s 1; 2024 c 174 s 4.]
Effective date—2010 2nd sp.s. c 3: "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 May 1, 2011." [ 2010 2nd sp.s. c 3 s 2.]
Severability—2007 c 143: See note following RCW 26.18.170.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

catchline: Distribution of support payments—Rules—Child support pass through. (Effective until July 1, 2029.)


title: RCW 26.23.037

text:
(1)(a) Except as otherwise provided in subsection (8) of this section, each insurer shall, not later than 10 days after opening a tort liability claim for bodily injury or wrongful death, a workers' compensation claim, or a claim under a policy of life insurance, exchange information with the division of child support in the manner prescribed by the department to verify whether the claimant owes debt for the support of one or more children to the department or to a person receiving services from the division of child support. To the extent feasible, the division of child support shall facilitate a secure electronic process to exchange information with insurers pursuant to this subsection. The obligation of an insurer to exchange information with the division of child support is discharged upon complying with the requirements of this subsection.
(b) The exchange of information pursuant to chapter 168, Laws of 2021 must comply with privacy protections under applicable state and federal laws and regulations, including the federal health insurance portability and accountability act.
(2) In order to determine whether a claimant owes a debt being enforced by the division of child support, all insurance companies doing business in the state of Washington that issue qualifying payments to claimants must provide minimum identifying information about the claimant to:
(a) An insurance claim data collection organization;
(b) The federal office of child support enforcement or the child support lien network; or
(c) The division of child support directly in a manner satisfactory to the department; however, the division of child support shall minimize the use of directly reported social security numbers unless the claimant cannot be identified using the claimant's full name, current physical address, and date of birth.
(3) Insurers must take the steps necessary to authorize an insurance claim data collection organization to share minimum identifying information with the federal office of child support enforcement and the child support claim lien network.
(4) Except as otherwise provided in subsections (5) and (7) of this section, if an insurer is notified by the division of child support that a claimant owes debt for the support of one or more children to the department or to a person receiving services from the division of child support, the insurer shall, upon the receipt of a notice issued by the department identifying the amount of debt owed pursuant to chapter 74.20A RCW:
(a) Withhold from payment on the claim the amount specified in the notice; and
(b) Remit the amount withheld from payment to the department within 20 days.
(5) The department shall give any lien, claim, or demand for reasonable claim-related attorneys' fees, property damage, and medical costs priority over any withholding of payment pursuant to subsection (4) of this section.
(6) Any information obtained pursuant to chapter 168, Laws of 2021 must be used only for the purpose of carrying out the provisions of chapter 168, Laws of 2021. An insurer or other entity described in subsection (2) of this section may not be held liable in any civil or criminal action for any act made in good faith pursuant to this section including, but not limited to:
(a) Any disclosure of information to the department or the division of child support; or
(b) The withholding of any money from payment on a claim or the remittance of such money to the department.
(7) An insurer may not delay the disbursement of a payment on a claim to comply with the requirements of this section. An insurer is not required to comply with subsection (4) of this section if the notice issued by the department is received by the insurer after the insurer has disbursed the payment on the claim. In the case of a claim that will be paid through periodic payments, the insurer:
(a) Is not required to comply with the provisions of subsection (4) of this section with regard to any payments on the claim disbursed to the claimant before the notice was received by the insurer; and
(b) Must comply with the provisions of subsection (4) of this section with regard to any payments on the claim scheduled to be made after the receipt of the notice.
(8) If periodic payment will be made to a claimant, an insurer is only required to engage in the exchange of information pursuant to subsection (1) of this section before issuing the initial payment.
(9) An insurance company's failure to comply with the reporting requirements of chapter 168, Laws of 2021 does not amount to noncompliance with a requirement of the division of child support as described in RCW 74.20A.350.
(10) For the purposes of this section, the following definitions apply:
(a) "Claimant" means any person who: (i) Brings a tort liability claim for bodily injury or wrongful death; (ii) is receiving workers' compensation benefits; or (iii) is a beneficiary under a life insurance policy. "Claim for bodily injury" does not include a claim for uninsured or underinsured vehicle coverage or medical payments coverage under a motor vehicle liability policy.
(b) "Insurance claim data collection organization" means an organization that maintains a centralized database of information concerning insurance claims to assist insurers that subscribe to the database in processing claims and detecting and preventing fraud, and also cooperates and coordinates with the federal or state child support entities to share relevant information for insurance intercept purposes.
(c) "Insurer" means: (i) A person who holds a certificate of authority to transact insurance in the state; or (ii) a chapter 48.15 RCW unauthorized insurer.
(d) "Qualifying payment" means a payment that is either a one-time lump sum or an installment payment issued by an insurance company doing business in the state of Washington, which is made for the purpose of satisfying, compromising, or settling, a tort or insurance claim where the payment is in excess of $500 and is intended to go directly to the claimant and not to a third party, such as a health care provider.
(e) "Tort or insurance claim" means: (i) A claim for general damages, which are also called noneconomic damages; or (ii) a claim for lost wages. "Tort or insurance claim" does not include claims for property damage under either liability insurance or uninsured motorist insurance.
[ 2024 c 126 s 1; 2021 c 168 s 2.]
Notes:
Findings—2021 c 168: "(1) The legislature finds that it is in the interests of the citizens of the state of Washington to enhance and increase the efficiency of the processes for collecting child support debts owed to the state or owed to a custodial parent.
(2) The legislature further finds that liens filed in the state of Washington are filed on a county-by-county basis, and there is no statewide registry or clearinghouse where a comprehensive collection of liens may be checked by a party or other entity before funds are disbursed to the debtor.
(3) The legislature further finds that it would enhance the collection opportunities for child support to require insurance companies doing business in the state of Washington to participate in a reporting scheme that would allow a data match with child support debts." [ 2021 c 168 s 1.]
Rules—2021 c 168: "The department may enact rules necessary to implement and administer this act." [ 2021 c 168 s 5.]
Effective date—2021 c 168: "This act takes effect January 1, 2022." [ 2021 c 168 s 6.]

catchline: Insurer information exchange—Child support debt—Reporting requirements.


title: RCW 26.23.039

text:
An insurance company may comply with the obligation to exchange information with the division of child support described in RCW 26.23.037(1) by using an insurance claim data collection organization as described in RCW 26.23.037(2).
[ 2021 c 168 s 3.]
Notes:
Findings—Rules—Effective date—2021 c 168: See notes following RCW 26.23.037.

catchline: Insurance company's compliance—Insurance claim data collection organization.


title: RCW 26.23.040

text:
(1) All employers doing business in the state of Washington shall report to the Washington state support registry:
(a) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings and who:
(i) Has not previously been employed by the employer; or
(ii) Was previously employed by the employer but has been separated from such employment for at least sixty consecutive days; and
(b) The date on which the employee first performed services for pay for the employer, or, in the case of an employee described in (a)(ii) of this subsection the date on which the employee returned to perform services for pay after a layoff, furlough, separation, or leave without pay.
The secretary of the department of social and health services may adopt rules to establish additional exemptions if needed to reduce unnecessary or burdensome reporting.
(2) Employers shall report to the extent practicable by W-4 form, or, at the option of the employer, an equivalent form, and may mail the form by first-class mail, or may transmit it electronically, or by other means authorized by the registry which will result in timely reporting.
(3) Employers shall submit reports within twenty days of the hiring, rehiring, or return to work of the employee, except as provided in subsection (4) of this section. The report shall contain:
(a) The employee's name, address, social security number, and date of birth; and
(b) The employer's name, address, and identifying number assigned under section 6109 of the internal revenue code of 1986.
(4) In the case of an employer transmitting reports magnetically or electronically, the employer shall report those employees described in subsection (1) of this section, in two monthly transmissions, if necessary, not less than twelve days nor more than sixteen days apart.
(5) An employer who fails to report as required under this section shall be subject to a civil penalty of:
(a) Twenty-five dollars per month per employee; or
(b) Five hundred dollars, if the failure to report is the result of a conspiracy between the employer and the employee not to supply the required report, or to supply a false report. All violations within a single month shall be considered a single violation for purposes of assessing the penalty. The penalty may be imposed and collected by the division of child support under RCW 74.20A.350.
(6) The registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support debt of the employee. The registry may, however, retain information for a particular employee for as long as may be necessary to:
(a) Transmit the information to the national directory of new hires as required under federal law; or
(b) Provide the information to other state agencies for comparison with records or information possessed by those agencies as required by law.
Information that is not permitted to be retained shall be promptly destroyed. Agencies that obtain information from the department of social and health services under this section shall maintain the confidentiality of the information received, except as necessary to implement the agencies' responsibilities.
[ 2012 c 109 s 1; 1998 c 160 s 5; 1997 c 58 s 944; 1997 c 58 s 943; 1994 c 127 s 1; 1993 c 480 s 1; 1989 c 360 s 39; 1987 c 435 s 4.]
Notes:
Effective date—1998 c 160 ss 1, 5, and 8: See note following RCW 74.20A.080.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—1997 c 58: See note following RCW 74.20A.320.
Effective date—1993 c 480: "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 shall take effect immediately [May 17, 1993]." [ 1993 c 480 s 2.]
Effective dates—1989 c 360 ss 9, 10, 16, and 39: See note following RCW 74.20A.060.

catchline: Employment reporting requirements—Exceptions—Penalties—Retention of records.


title: RCW 26.23.045

text:
(1) The division of child support, Washington state support registry, shall provide support enforcement services under the following circumstances:
(a) Whenever public assistance under RCW 74.20.330 is paid;
(b) Whenever a request for support enforcement services under RCW 74.20.040 is received;
(c) When a support order which contains language directing a responsible parent to make support payments to the Washington state support registry under RCW 26.23.050 is submitted and the division of child support receives a written application for services or is already providing services;
(d) When the obligor submits a support order or support payment, and an application, to the Washington state support registry.
(2) The division of child support shall continue to provide support enforcement services for so long as and under such conditions as the department shall establish by regulation or until the superior court enters an order removing the requirement that the obligor make support payments to the Washington state support registry as provided for in RCW 26.23.050.
[ 1997 c 58 s 902; 1994 c 230 s 8; 1989 c 360 s 33.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

catchline: Support enforcement services.