Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Washington State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 10 Field Offices A3. With what types of agencies do you have cooperative agreements? 35 local county prosecuting attorneys for representation in superior courts; attorney general representation in counties not handled by local prosecutors. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No A4.1. If yes, what is the statutory citation? N/A For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 5/12/1993               B2. What is the effective date of your State's UIFSA? 7/1/1994   B3. What is the statutory citation for your State's Act? RCW 26.21A For Additional Information - http://apps.leg.wa.gov/RCW/ default.aspx?cite=26.21A B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? 1/1/07 B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? CANADA: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Nova Scotia, Ontario, Northwest Territories, Nunavut UNITED KINGDOM: England, Wales, Scotland, No. Ireland EUROPE: Austria, Czech Republic, Germany, Hungary, Norway, Poland, Slovak Republic, OTHER: Australia, Fiji, Guam C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No   C1.2. If yes, please explain. C2. Has your State established reciprocity with any Tribal courts? Yes C2.1. If yes, list the Tribes and identify services provided, if less than full services. Colville Confederated Tribes of Washington, Lower Elwha, The Tulalip Tribes, Nisqually Tribe, Swinomish Resolution, Nez Pierce D. Age of Majority D1. What is the age of majority in your State? 18 D2. What is the statutory citation for the age of majority? RCW 26.28.010 For Additional Information - http://apps.leg.wa.gov/RCW /default.aspx?cite=26.28.010 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 for court orders. A Washington Administrative Order may continue to age 19 as long as the child is a full-time student in secondary school or equivalent level vocational or technical training. D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. Unless the child goes to live in the NCP's household. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Court may extend support in special cases or order post-secondary support. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. It depends on the language in the order. If the order sets the amount at "per month per child" or assigns a discreet amount to each child, we will adjust the support accordingly. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? For orders entered after July 23, 1989: all past due support expires 10 years after the 18th birthday of youngest child named in the order. For orders entered before July 23, 1989: each monthly installment expires 10 years after that monthly installment becomes due. E2. What is your State's statute of limitations for paternity establishment? For a child with no presumed, acknowledged or adjudicated father, anytime within the life of the child. RCW 26.26.525 If a child has a presumed father, two years from birth of the child. RCW 26.26.530 IV-D agency authority to bring a paternity action is limited to actions on behalf of a dependent child, defined as under age 18 For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible.   F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income shares. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? Only if reduced to judgement by initiating jurisdiction. F2.1. If yes, please indicate the amount of interest charged and any related conditions. Yes F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. Only if reduced to or included in judgment. F4. Does your State charge interest on adjudicated arrears? Yes   F4.1. If yes, please indicate the amount of interest charged and any related conditions. Only if reduced to judgment. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? Uninsured expenses incurred before 7/1/2007 must be reduced to judgment. Uninsured medical debt for expenses incurred after 7/1/2007 may be assessed and enforced using administrative process F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? No F6.1. If yes, what costs are recovered from/fees charged to the obligee?   F6.2. What costs are recovered from/fees charged to the obligor?   F7. Does your State recover costs on behalf of the initiating State? Yes  F7.1. Optional comments regarding recovering of initiating State's fees. Birth costs (non-assistance only) and genetic test costs, but not court costs. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. RCW 4.28.185, 26.26.080, 26.21.075 (UIFSA) For Additional Information - http://www.leg.wa.gov/RCW/ index.cfm?fuseaction=section& section=4.28.185 F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Establish - no; Enforce - yes, if there is also a child support obligation; modify - no. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? Yes F10.1. Optional comments regarding required information on spouse or partner.   F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? The secretary, in the case of an individual who has never received assistance under a state program funded under part A and for whom the state has collected at least five hundred dollars of support, shall impose an annual fee of twenty-five dollars for each case in which services are furnished, which shall be retained by the state from support collected on behalf of the individual, RCW 74.20.040(6) F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No. The fee is retained from support collected on behalf of the individual who is entitled to receive the support regardless of which party applied for services. F11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? International responding cases only F12. When will your State implement the required DRA limited-assignment provision? 10/1/2008 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Yes F13.1. If yes, provide the date. 10/1/2008   F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? DRA distribution effective 10/1/2008 F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? When a court-order payee surrenders physical custody of a the child to a caretaker who receives TANF for 30 consecutive days, the right to child support transfers to the TANF caretaker by operation of law and payments are retained. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Before child support payments are applied to the case, the adult Medicaid applicant/recipient is asked to submit a declaration of lawful custody. If a signed declaration of lawful custody is not submitted, the IV-D agency provides medical enforcement services only on the case and does not enforce the cash support provisions. If a declaration of lawful custody is received the court-order payee is given notice and an opportunity to request a hearing to object to the distribution of child support payments to the adult Medicaid applicant/recipient. If no objection is received child support payments are distributed. If an objection is received, an administrative hearing is held to resolve the issue. Child support is distributed as ordered in the hearing decision. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? If the applicant for services is not the court order payee, the applicant for services must submit a declaration of lawful custody. The court order payee is given notice of the declaration of lawful custody and an opportunity to request a hearing to object to the distribution of child support payments to the applicant for services. If no objection is received child support payments are collected and distributed. If an objection is received an administrative hearing is held. Child support is distributed as ordered in the hearing decision. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? The fee is retained from child support collections after the first $500 has been distributed to the family. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Order/Notice to Withhold Income (OWI) G2. What specific source of income is not subject to withholding? TANF, SSI, VA disability, work release earnings from state, federal work-study grants, non-obligated spouse. For Additional Information - http://www.leg.wa.gov/RCW/ index.cfm?fuseaction=section& section74.20A.030 G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. If yes, what are those limits? 50% of disposable income. G4. What is the allowable fee per pay period for processing income withholding payments? $10 set up fee, $1 per-payment fee. For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Immediately. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 7 working days. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Notice of noncompliance with administrative hearing rights. G8. What is the penalty to an employer for failure to remit payments withheld? Liability for the lesser of the amount that should have been withheld or the total debt, also $100 fine. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? No G10.1. Optional comments regarding direct withholding of WC benefits across State lines. G11. How does an obligor contest income withholding in your State? Conference board request if income withholding issued by Washington acting as an RJ. Superior court hearing if obligor is contesting direct income withholding by another state. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Current support is paid first. If there is remaining money, it gets divided equally among the orders. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. RCW 26.18.090 For Additional Information - http://apps.leg.wa.gov/ RCW/default.aspx?cite=26.18.090 G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Disposable earnings - "that part of the earnings of any individual remaining after deductions from those earnings of any amounts required by law to be withheld." RCW 74.20A.090 G14. When does your state require the employer to send notice of an employee's termination? Promptly, according to state law For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? as long as the employee may be called to work without a new employment application G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes www.childsupportonline.wa.gov For Additional Information - No Link Provided G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Direct income withholding may be sent to any employer within the state, including all state agencies other than Labor and Industries. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Employers to withhold up to maximum allowable by law, 50% of income after mandatory deductions. The money received will be applied to child support first, then to medical. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. Subject to court's jurisdiction. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 98% For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. Rescission period is limited to 60 days after filing. Court challenge within 2 years based on fraud, duress, material mistake of fact For Additional Information - No Link Provided H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 7/27/1997   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. For Additional Information - No Link Provided H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? Court order, filed paternity acknowledgement and presumed fathers denial of paternity. For Additional Information - No Link Provided H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. Does not create presumption of paternity by itself. For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No H8.1. If yes, what is the name of that entity? H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. Fees will not be incurred if the Arizona DCSE Hospital Paternity Program (HPP) is contacted at 602-771-8000 or at DCSEHPPAT@azdes.gov. AZ HPP is able to review and issue a "Government Only" copy of any birth records upon request. For Additional Information - No Link Provided H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Written, other per UIFSA H12. Please give the statutory citation for your State's long arm statute and list any special provisions. RCW 4.28.185 For Additional Information - http://www.leg.wa.gov/RCW/ index.cfm?fuseaction=section& section=4.28.185 H13. Does your State recover genetic testing costs for other States? Yes    H13.1. If so, please explain. If requested. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? A father's name may be placed on a birth certificate by use of the paternity affidavit or by court order. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? July 1, 1997 H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One packet I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Both I1.1. If your State can establish under both, under what circumstances would the administrative process be used? Paternity is not an issue and there is no court order either setting or relieving the non-custodial parent of a support obligation for the child I1.2. Under what circumstances would the judicial process be used? If paternity must also be established or an existing superior court order modified. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. RCW 74.20A.055 For Additional Information - http://www.leg.wa.gov/RCW/ index.cfm?fuseaction=section& section=74.20A.055 I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Any other household income. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? See RCW 26.19.075 "Standards of Deviation from the Standard Calculation". For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? From date assistance paid or application for services filed with initiating state. I4.2. What information or documentation does your State require to proceed? Copy of assignment or application for services. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. 5 year limitation if paternity hasn't been established. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? The administrative process is used to - establish child support and medical, modify an administrative order, and to enforce an administrative or court order. The administrative cannot be used to establish paternity. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? RCW 74.20A and RCW 74.20 For Additional Information - http://apps.leg.wa.gov/ RCW/default.aspx?cite=74.20A I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? N/A. State practice does not include "reserving" support. If in doubt, request order establishment. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? N/A J2. Is the lien process in your State judicial, administrative or both? Administrative. IV-D agencies may find the proper county and file directly using Washington's Internet Lien Page. J2.1. What are the trigger criteria for filing a lien? Any arrearage $500 or more. For Additional Information - No Link Provided J2.2. Where are your State liens filed? County J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. Fees none. Central Registry -$8 - 1st page filed in County + $1 additional page. J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Administrative. Vehicles, motorcycles, RVs, boats, airplanes only. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? IV-D agency must send notice if order does not contain language that enforcement action will be taken without further notice. Once notice is served, IV-D agency may take any enforcement action without notice. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? The state. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Simultaneously. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount. No specified number of months delinquent. Payment plan accounts, trust accounts and tribal cases are exempted. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? No legal requirements. By policy asset value at least $1,000 due to time and expense to seize and sell. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? No J5.3. 1. If yes, please provide the time frame. J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 20 days For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? N/A J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Funds in the account are exempt from collection For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative. J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? N/A J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 20 days. No unique requirements. Non-debtor has appeal. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Not centralized. Semi-automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? No For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 7 days For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative. Workers compensation, unemployment compensation, lottery prizes. J7. Please describe any other administrative enforcement procedures your State may have. Any settlements or payments to NCP J8. Please describe any other judicial enforcement procedures your State may have. Civil contempt J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Please refer to the specific requirements outlined on our website at http://www.dshs.wa.gov/dcs/interstate/ For Additional Information - http://www.dshs.wa.gov/dcs/interstate/ J10. Which of our State's enforcement remedies are available without registration? All. J11. Describe your State's registration and enforcement procedures. Notice of registration sent to NCP with administrative hearing rights, all enforcement methods available. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None required. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. RCW 6.36 For Additional Information - http://www.leg.wa.gov/RCW/ index.cfm?fuseaction=section& section=6.36.025 J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #1, name and address of the financial institution, name of the custodial parent, verification of the debt, and payment history. J15. Does your State use credit bureau reporting as an enforcement method? Yes J15. Does your State use credit bureau reporting as an enforcement method?   J16. Provide which credit bureaus your State report an obligor's child support information? J16. Provide which credit bureaus your State report an obligor's child support information? Innovis, Trans Union, Equifax, Experian J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative/automated J17. Is the method for credit bureau reporting judicial, administrative or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Initiating and responding only if international J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Case open 60 days, arrears greater than $1000 J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Automatically in TANF cases, on request of CP or NCP in non TANF cases. K3. Briefly describe your State's modification procedure. Existing orders compared to current child support guidelines. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? $100 and 25%, $2400 over life of order. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. No K5.2. The earnings of the obligee have substantially increased or decreased. No K5.3. The needs of a party or the child(ren) have substantially increased or decreased. No K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. No K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Not established by statute or administrative rule. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use?   K7. How does your State credit SSA disability to current and past due support? SSA dependent benefits are credited dollar for dollar against the child support obligation as of 7/1/1990. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. The non-custodial parent may petition the courts to apply equitable principals and abate support. K8.1. If yes, please explain the situation? A.R.S. §46-444 was enacted at the department's request to allow the department or its agent to "redirect" support money to a caretaker. The intent of the statute is to allow the transfer of current support for those cases with: Arizona orders or court orders registered in Arizona, and All the children in the order are with the caretaker for whom the support will be transferred. The transfer of support was intended for current support only. If arrears are owed or if spousal maintenance is owed to the obligee, these amounts are not to be redirected to the caretaker. K8.2. What is the statutory citation for your abatement law? There is none, it is based on case law. For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. All referrals for modification should be through UIFSA. Requests for review should be accompanied by a copy of the support order and income information. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Birth Certificates - The Center for Health Statistics, PO Box 9709, Olympia, WA 98507-9709, and the fee is $17. Paternity Affidavits - The Center for Health Statistics, Attn: Ray Moffatt, Jr., PO Box 47814, Olympia, WA 98504-7814, the fee is $32. K9. What information is required to register an out-of-State order for enforcement/modification? Transmittal #1, uniform support petition, general testimony, 2 copies of the support order to be modified (one of which is certified), copies of all the underlying orders, addresses for both parties, and income information. L. Lump Sum Payments L1. Does your State define a lump sum payment? No L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? N/A L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. When an employer discloses they will be paying a lump sum, the child support agency asks for the distribution date and works within the parameters set by the employer. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Employers do not "hold" lump sums or release them to the custodial parent. Time frames for remitting the payments to the IVD agency apply when the child support agency has issued with withholding notice. L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? The withholding order is usually sent specifically to cover the lump sum. L8. Does your State use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? Lien on the specific property, followed by an Order to Withhold and Deliver Property and Accounts. L9. What other documents does your State use to attach lump sum payments? N/A L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? Washington has a state imposed 50% limit on withholding earnings. The definition of earnings is broad enough to cover lump sum payments. For Additional Information - http://apps.leg.wa.gov/RCW/ default.aspx?cite=74.20A.090 L10.2 If no, what percentage is the employer required to withhold? 50% L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? The employer withholds according to the terms of the withholding order which generally provides for a monthly withholding amount. See L7 M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/ whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/ allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No M2.1. If yes, provide the statutory citation N/A For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A For Additional Information - No Link Provided M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? N/A M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. N/A M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. N/A For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes M3.1. Please provide the statutory citation. RCW 74.20.225 RCW 74.20A.350 For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Notice of Lien Order to Withhold and Deliver M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Child Support Agency M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. RCW 74.20A.080(13) For Additional Information - http://apps.leg.wa.gov/ RCW/default.aspx?cite=74.20A.080 M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. No For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity? No M7. How does another State initiate and intercept collections from your State Workers Compensation agency? Transmittal #1, pertinent order(s), debt calculation M7.1. What is the process, the points of contact, and what forms must be completed? Same as above 1-800-457-6202 Dedicated To Enforcing Your Support Order.
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