RCW 26.18.010 Legislative findings. 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. [ 2019 c 46 […]
RCW 26.18.020 Definitions. 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 earnings” means […]
RCW 26.18.030 Application—Liberal construction. (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 […]
RCW 26.18.035 Other civil and criminal remedies applicable. 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. [ 1984 c 260 § 24.]
RCW 26.18.040 Support or maintenance proceedings. (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 […]
RCW 26.18.050 Failure to comply with support or maintenance order—Contempt action—Order to show cause—Bench warrant—Continuing jurisdiction. (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 […]
RCW 26.18.055 Child support liens. 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 […]
RCW 26.18.070 Mandatory wage assignment—Petition or motion. (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 […]
RCW 26.18.080 Wage assignment order or income withholding order—Issuance—Information transmitted to state support registry. (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) […]
RCW 26.18.090 Wage assignment order for unpaid maintenance—Contents—Amounts—Apportionment of disbursements. (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 […]
RCW 26.18.110 Wage assignment order or income withholding order—Employer’s answer, duties, and liability—Priorities. (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 […]
RCW 26.18.120 Wage assignment order—Employer’s answer—Form. 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 THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . . . . . . . . . . . . . No. . . . . . . . . . . . . Obligee vs. ANSWER . . . . . . . . . . . . TO WAGE […]
RCW 26.18.130 Wage assignment order or income withholding order—Service. (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 […]
RCW 26.18.140 Hearing to quash, modify, or terminate wage assignment order or income withholding order—Grounds—Alternate payment plan. (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 […]
RCW 26.18.150 Bond or other security. (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. […]
RCW 26.18.160 Costs. 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 […]
RCW 26.18.170 Medical support—Enforcement—Rules. (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 […]
RCW 26.18.180 Liability of employer or union—Penalties. (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 […]
RCW 26.18.190 Compensation paid by agency, self-insurer, social security administration, or veterans’ administration on behalf of child. (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 […]
RCW 26.18.210 Child support data report. 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 […]
