Title 26 — Title 26 DOMESTIC RELATIONS

Upon the death of any person domiciled in this state, one-half of any quasi-community property shall belong to the surviving spouse or surviving domestic partner and the other one-half of such property shall be subject to disposition at death by the decedent, and in the absence t…

(1) If a decedent domiciled in this state on the date of his or her death made a lifetime transfer of a property interest that is quasi-community property to a person other than the surviving spouse or surviving domestic partner within three years of death, then within the time f…

The characterization of property as quasi-community property under this chapter shall be effective solely for the purpose of determining the disposition of such property at the time of a death, and such characterization shall not affect the rights of the decedent's creditors. For…

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, 2…

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 …

(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 domest…

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 s 24…

(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 c…

(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 faile…

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 att…

(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 p…

(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 f…

(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 r…

(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 r…

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 v…

(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 o…

(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 ha…

(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 sec…

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 acte…

(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 hea…

(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 insur…

(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 departmen…

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 repo…

(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 f…

(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 ti…

(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 equ…

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 …

The legislature intends, in establishing a child support schedule, to insure [ensure] that child support orders are adequate to meet a child's basic needs and to provide additional child support commensurate with the parents' income, resources, and standard of living. The legisla…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Basic child support obligation" means the monthly child support obligation determined from the economic table based on the parties' combined monthly net income and th…

ECONOMIC TABLEMONTHLY BASIC SUPPORT OBLIGATIONPER CHILDcombinedmonthlynetincomeonechildfamilytwochildrenfamilyFor income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month …

(1) Beginning in 2011 and every four years thereafter, the division of child support shall convene a work group to review the child support guidelines and the child support review report described in subsection (7) of this section, consider the data required under subsection (8) …

(1) Application of the child support schedule. The child support schedule shall be applied:(a) In each county of the state;(b) In judicial and administrative proceedings under this title or Title 13 or 74 RCW;(c) In all proceedings in which child support is determined or modified…

Veterans' disability pensions or regular compensation for disability incurred in or aggravated by service in the United States armed forces paid by the veterans' administration shall be disclosed to the court. The court may consider either type of compensation as disposable incom…

(1) The administrative office of the courts shall develop and adopt worksheets and instructions to assist the parties and courts in establishing the appropriate child support level and apportionment of support. The administrative office of the courts shall attempt to the greatest…

Payments from any source, other than veterans' aid and attendance allowances or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), for services provided by an attendant in case of a disability when the disability necessitates the hiring of the services of…

(1) Limit at forty-five percent of a parent's net income. Neither parent's child support obligation owed for all his or her biological or legal children may exceed forty-five percent of net income except for good cause shown.(a) Each child is entitled to a pro rata share of the i…

(1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shal…

(1) Reasons for deviation from the standard calculation include but are not limited to the following:(a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:(i) Income of a new spouse or new domestic partner…

(1) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent's share of the combined monthly net income.(2) Health care costs are not included in the economic table. Monthly health care costs shall be shared by…

(1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the …

The parties may agree which parent is entitled to claim the child or children as dependents for federal income tax exemptions. The court may award the exemption or exemptions and order a party to sign the federal income tax dependency exemption waiver. The court may divide the ex…

(1) Except as provided in subsection (2) of this section, any person who has a child dependent upon him or her for care, education or support and deserts such child in any manner whatever with intent to abandon it is guilty of the crime of family abandonment.(2) A parent of a new…

(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon …

In any proceedings relating to nonsupport or family desertion the laws attaching a privilege against the disclosure of communications between spouses or domestic partners shall be inapplicable and both spouses or domestic partners in such proceedings shall be competent witnesses …

Proof of the nonsupport of a spouse or domestic partner or of a child or children, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a spouse or domestic partner, or for a child or children, is prima facie evidence that the nonsupport or omis…

This chapter may be cited as the uniform interstate family support act.[ 2002 c 198 s 101.]Notes:Effective date—2002 c 198: See RCW 26.21A.900.

In this chapter:(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.(2) "Child support orde…

(1) The superior court is the tribunal for judicial proceedings, and the department of social and health services division of child support is the tribunal for administrative proceedings, of this state.(2) The department of social and health services division of child support is …

(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.(2) This chapter does not:(a) Provide the exclusive method of establishing or enforcing a suppo…

(1) A tribunal of this state shall apply Articles 1 through 6 of this chapter and, as applicable, Article 7 of this chapter, to a support proceeding involving:(a) A foreign support order;(b) A foreign tribunal; or(c) An obligee, obligor, or child residing in a foreign country.(2)…