Washington · statute · Wash. Rev. Code ch. 26.18 · 24 active provisions
The legislature finds that there is an urgent need for vigorous enforcement of child support and maintenance obligations, and that stronger and more efficient statutory remedies need to be established to supplement and complement the remedies provided in chapters 26.09, 26.21A, 26.26A, 26.26B, 74.20, and 74.20A RCW.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of social and health services.(2) "Dependent child" means any child for whom a support order has been established or for whom a duty of support is owed.(3) "Disposable earni…
(1) The remedies provided in this chapter are in addition to, and not in substitution for, any other remedies provided by law.(2) This chapter applies to any dependent child, whether born before or after June 7, 1984, and regardless of the past or current marital status or domestic partnership status of the parents, an…
Nothing in this chapter limits the authority of the attorney general or prosecuting attorney to use any and all civil and criminal remedies to enforce child support obligations regardless of whether or not the custodial parent receives public assistance payments.
(1) A proceeding to enforce a duty of support or maintenance is commenced:(a) By filing a petition for an original action; or(b) By motion in an existing action or under an existing cause number.(2) Venue for the action is in the superior court of the county where the dependent child resides or is present, where the ob…
(1) If an obligor fails to comply with a support or maintenance order, a petition or motion may be filed without notice under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW. If the court finds there is reasonable cause to believe the obligor has failed to comply with a support or maintenanc…
Child support debts, not paid when due, become liens by operation of law against all property of the debtor with priority of a secured creditor. This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title. The lien attaches to all real and personal property…
(1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is:(a) Subject to a support order allowing immediate income withholding; or(b) More than fifteen days past due in child support or maintenance payments in an amount equal to or greater…
(1) Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 26.18.070, the court shall issue: (a) A wage assignment order for unpaid maintenance; (b) an income withholding order for unpaid child support; or (c) an income withholding order for unpaid maintenance and unpaid child s…
(1) The wage assignment order in RCW 26.18.080 for unpaid maintenance only shall include:(a) The maximum amount of current maintenance, if any, to be withheld from the obligor's earnings each month, or from each earnings disbursement; and(b) The total amount of the arrearage or reimbursement judgment previously entered…
(1) An employer upon whom service of a wage assignment order or income withholding order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings or other remuneration from the employer, whether t…
The answer of the employer shall be made on forms, served on the employer with the wage assignment order, substantially as follows:IN THE SUPERIOR COURT OF THESTATE OF WASHINGTON IN AND FOR THECOUNTY OF . . . . . . . . . . . . . . . . . . . . .No. . . . . . . . . . . . .Obligee vs.ANSWER . . . . . . . . . . . .TO WAGEO…
(1) Service of the wage assignment order or income withholding order on the employer is invalid unless it is served with five answer forms in substantial conformance with RCW 26.18.120, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the Washington state su…
(1) Except as provided in subsection (2) of this section, in a hearing to quash, modify, or terminate the wage assignment order or income withholding order, the court may grant relief only upon a showing that the wage assignment order or income withholding order causes extreme hardship or substantial injustice. Satisfa…
(1) In any action to enforce a support or maintenance order under Title 26 RCW, the court may, in its discretion, order a parent obligated to pay support for a minor child or person owing a duty of maintenance to post a bond or other security with the court. The bond or other security shall be in the amount of support…
In any action to enforce a support or maintenance order under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorney fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the pr…
(1) Whenever a parent has been ordered to provide medical support for a dependent child, the department or the other parent may seek enforcement of the medical support as provided under this section.(a) If the obligated parent provides proof that he or she provides accessible health care coverage for the child, that pa…
(1) The employer or union of a parent who has been ordered to provide health insurance coverage shall be liable for a fine of up to one thousand dollars per occurrence, if the employer or union fails or refuses, within twenty days of receiving the order or notice for health insurance coverage to:(a) Promptly enroll the…
(1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of the injured worker for whom the injured worker owes a duty of child support, the amount of compensation the department or self-insurer pays on behalf of the…
In order to perform the required quadrennial review of the Washington state child support guidelines under RCW 26.19.025, the division of child support must prepare a report at least every four years using data compiled from child support court and administrative orders. The report must include all information the divi…
(1) The administrative office of the courts shall develop not later than July 1, 1991, standard court forms and format rules for mandatory use by litigants in all actions commenced under chapters 26.09, *26.10, 26.26A, and 26.26B RCW effective January 1, 1992. The administrator for the courts shall develop mandatory fo…
(1) The administrative office of the courts in consultation with the department of social and health services, division of child support, shall develop a residential time summary report form to provide for the reporting of summary information in every case in which residential time with children is to be established or…
(1) For the purposes of chapter 26.21A RCW, any privilege, immunity, right, benefit, or responsibility granted or imposed by chapter 26.21A RCW, the uniform interstate family support act, to or on an individual because the individual is or was married is granted or imposed on equivalent terms, substantive and procedura…
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person…