26 chapters · 696 sections in this title.
RCW 26.21A.100 Bases for jurisdiction over nonresident.
1.7K chars
(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:(a) The individual is personally served with …
RCW 26.21A.106 Duration of personal jurisdiction.
0.6K chars
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…
RCW 26.21A.110 Initiating and responding tribunal of this state.
0.5K chars
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.[ 2015 c 214 s 5; 2002 c 198 s 203.]Notes:Effective …
RCW 26.21A.115 Simultaneous proceedings.
1.8K chars
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:(a) The petition or comparable pleading in this state is filed before the ex…
RCW 26.21A.120 Continuing, exclusive jurisdiction to modify child support order.
2.1K chars
(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:(a) At the time of the filing of a reques…
RCW 26.21A.125 Continuing jurisdiction to enforce child support order.
0.9K chars
(1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:(a) The order if the order is the controlling order and has not been modified by a tribun…
RCW 26.21A.130 Determination of controlling child support order.
3.7K chars
(1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.(2) If a proceeding is brought under this chapter, and two or more child support orders have been issued by trib…
RCW 26.21A.135 Child support orders for two or more obligees.
0.7K chars
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…
RCW 26.21A.140 Credit for payments.
0.6K chars
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or…
RCW 26.21A.146 Application of chapter to nonresident subject to personal jurisdiction.
0.8K chars
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to RCW 26.21A.2…
RCW 26.21A.150 Continuing, exclusive jurisdiction to modify spousal support order.
1.0K chars
(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.(2) A tribunal of this state may not modify a spousal s…
RCW 26.21A.200 Proceedings under this chapter.
0.7K chars
(1) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for for…
RCW 26.21A.205 Proceeding by minor parent.
0.2K chars
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.[ 2002 c 198 s 302.]Notes:Effective date—2002 c 198: See RCW 26.21A.900.
RCW 26.21A.210 Application of law of this state.
0.5K chars
Except as otherwise provided by this chapter, a responding tribunal of this state shall:(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proce…
RCW 26.21A.215 Duties of initiating tribunal.
1.3K chars
(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:(a) To the responding tribunal or appropriate support enforcement agency in the responding state; or(b) If the identity of …
RCW 26.21A.220 Duties and powers of responding tribunal.
2.7K chars
(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to RCW 26.21A.200(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.(2) A respondin…
RCW 26.21A.225 Inappropriate tribunal.
0.5K chars
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…
RCW 26.21A.230 Duties of support enforcement agency.
2.7K chars
(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.(2) A support enforcement agency of this state that is providing services to the petitioner shall:(a) Take all steps necessary to enable an appr…
RCW 26.21A.235 Duty of state official or agency.
0.8K chars
(1) If the appropriate state official or agency determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the state official or agency may order the agency to perform its duties under this chapter or may provide those services …
RCW 26.21A.240 Private counsel.
0.2K chars
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.[ 2002 c 198 s 309.]Notes:Effective date—2002 c 198: See RCW 26.21A.900.
RCW 26.21A.245 Duties of state information agency.
1.6K chars
(1) The Washington state support registry under chapter 26.23 RCW is the state information agency under this chapter.(2) The state information agency shall:(a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under t…
RCW 26.21A.250 Pleadings and accompanying documents.
1.4K chars
(1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under RCW 26.…
RCW 26.21A.255 Nondisclosure of information in exceptional circumstances.
0.6K chars
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. A…
RCW 26.21A.260 Costs and fees.
1.3K chars
(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 incurre…
RCW 26.21A.265 Limited immunity of petitioner.
0.7K chars
(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 proceedi…
RCW 26.21A.270 Nonparentage as defense.
0.2K chars
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.
RCW 26.21A.275 Special rules of evidence and procedure.
2.7K chars
(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 su…
RCW 26.21A.280 Communications between tribunals.
0.6K chars
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 tribuna…
RCW 26.21A.285 Assistance with discovery.
0.5K chars
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…
RCW 26.21A.290 Receipt and disbursement of payments.
1.5K chars
(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 …
RCW 26.21A.350 Establishment of support order.
1.5K chars
(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 e…
RCW 26.21A.355 Proceeding to determine parentage.
0.4K chars
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 dat…
RCW 26.21A.400 Employer's receipt of income-withholding order of another state.
0.4K chars
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 orde…
RCW 26.21A.405 Employer's compliance with income-withholding order of another state.
1.7K chars
(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 tri…
RCW 26.21A.410 Employer's compliance with two or more income-withholding orders.
0.5K chars
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 …
RCW 26.21A.415 Immunity from civil liability.
0.5K chars
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; …
RCW 26.21A.420 Penalties for noncompliance.
0.5K chars
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…
RCW 26.21A.425 Contest by obligor.
0.9K chars
(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 thi…
RCW 26.21A.430 Administrative enforcement of orders.
1.1K chars
(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) Upo…
RCW 26.21A.500 Registration of order for enforcement.
0.4K chars
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 2…
RCW 26.21A.505 Procedure to register order for enforcement.
2.5K chars
(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 th…
RCW 26.21A.510 Effect of registration for enforcement.
0.8K chars
(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 sam…
RCW 26.21A.515 Choice of law.
1.5K chars
(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 …
RCW 26.21A.520 Notice of registration of order.
2.1K chars
(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 …
RCW 26.21A.525 Procedure to contest validity or enforcement of registered support order.
1.1K chars
(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 alle…
RCW 26.21A.530 Contest of registration or enforcement.
1.6K chars
(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…
RCW 26.21A.535 Confirmed order.
0.5K chars
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 da…
RCW 26.21A.540 Procedure to register child support order of another state for modification.
0.7K chars
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 petiti…
RCW 26.21A.545 Effect of registration for modification.
0.6K chars
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…
RCW 26.21A.550 Modification of child support order of another state.
2.7K chars
(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 chil…