Title 26 — Title 26 DOMESTIC RELATIONS
26 chapters · 696 sections in this title.
RCW 26.23.010 Intent.
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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…
RCW 26.23.020 Definitions.
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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) "Ear…
RCW 26.23.030 Registry—Creation—Duties—Interest on unpaid child support—Record retention.
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(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 fo…
RCW 26.23.033 State case registry—Submission of support orders.
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(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 he…
RCW 26.23.035 Distribution of support payments—Rules—Child support pass through.
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(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 …
RCW 26.23.037 Insurer information exchange—Child support debt—Reporting requirements.
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(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 informa…
RCW 26.23.039 Insurance company's compliance—Insurance claim data collection organization.
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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 …
RCW 26.23.040 Employment reporting requirements—Exceptions—Penalties—Retention of records.
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(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 e…
RCW 26.23.045 Support enforcement services.
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(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 74.20.04…
RCW 26.23.050 Support orders—Provisions—Enforcement—Confidential information form—Rules.
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(1) If the division of child support is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders …
RCW 26.23.055 Support proceedings, orders, and registry—Required information—Duty to update—Service.
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(1) Each party to a paternity or child support proceeding must provide the court and the Washington state child support registry with the confidential information form as required under RCW 26.23.050.(2) Each party to an order entered in a child support or paternity proceeding sh…
RCW 26.23.060 Income withholding order—Answer—Processing fee.
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(1) The division of child support may issue an income withholding order:(a) As authorized by a support order that contains a notice clearly stating that child support may be collected by withholding from earnings, wages, or benefits without further notice to the obligated parent;…
RCW 26.23.063 Income withholding order—Employer notice requirements of lump sum payments.
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(1) An employer who has been served with an income withholding order for a responsible parent under this chapter, or chapter 74.20A or 26.21A RCW, that includes a provision for payment toward child support arrears shall notify the division of child support before making any lump …
RCW 26.23.065 Requirement to remit payments by electronic funds transfer—Employer, business, or payroll processor—Waiver.
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Electronic funds transfer" means any transfer of funds, other than a transaction originated or accomplished by conventional check, drafts, or similar paper inst…
RCW 26.23.070 Payments to registry—Methods—Immunity from civil liability.
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(1) The employer or the employment security department may combine amounts withheld from the earnings of more than one responsible parent in a single payment to the Washington state support registry, listing separately the amount of the payment which is attributable to each indiv…
RCW 26.23.075 Payments—Dishonored checks—Fees—Rules.
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For any payment made by a check as defined in RCW 62A.3-104, if the instrument is dishonored under RCW 62A.3-515, the costs and fees authorized under RCW 62A.3-515 apply. The department may establish procedures and adopt rules to enforce this section.[ 2000 c 215 s 4.]
RCW 26.23.080 Certain acts by employers prohibited—Penalties.
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No employer shall discipline or discharge an employee or refuse to hire a person by reason of an action authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation of this section, the employee or person shall have a c…
RCW 26.23.090 Employer liability for failure or refusal to respond or remit earnings.
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(1) The employer shall be liable to the Washington state support registry, or to the agency or firm providing child support enforcement for another state, under Title IV-D of the federal social security act and issuing a notice, garnishment, or wage assignment attaching wages or …
RCW 26.23.100 Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
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(1) The responsible parent subject to a payroll deduction pursuant to this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction.(2) Except as provided in subsections (4) and (5) of this section, the court may grant relief only upon a s…
RCW 26.23.110 Procedures when amount of support obligation needs to be determined—Notice—Adjudicative proceeding—Rules.
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(1) The department may serve a notice of support owed when a child support order:(a) Does not state the current and future support obligation as a fixed dollar amount;(b) Contains an escalation clause or adjustment provision for which additional information not contained in the s…
RCW 26.23.120 Information and records—Confidentiality—Disclosure—Adjudicative proceeding—Rules—Penalties.
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(1) Any information or records concerning individuals who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the division of child support, or under chapter 74.20 RCW shal…
RCW 26.23.130 Notice to department of child support or maintenance orders.
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The department shall be given twenty calendar days prior notice of the entry of any final order and five days prior notice of the entry of any temporary order in any proceeding involving child support or maintenance if the department has a financial interest based on an assignmen…
RCW 26.23.140 Collection and disclosure of social security numbers—Finding—Waiver requested to prevent fraud.
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The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process for professional licenses, driver's licenses, occupational licenses, and recreational licenses.…
RCW 26.23.150 Recording of social security numbers—Compliance with federal requirement—Restricted disclosure.
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In order to assist in child support enforcement as required by federal law, all applicants for an original, replacement, or renewal of a professional license, commercial driver's license, occupational license, or recreational license must furnish the licensing agency with the app…
RCW 26.23.900 Effective date—1987 c 435.
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Sections 1 through 3 and 5 through 36 of this act shall take effect January 1, 1988.[ 1987 c 435 s 37.]