reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.220 - Powers of department through the attorney general or prosecuting attorney.

RCW 74.20.220
Powers of department through the attorney general or prosecuting attorney.
In order to carry out its responsibilities imposed under this chapter and as required by federal law, the state department of social and health services, through the attorney general or prosecuting attorney, is hereby authorized to:
(1) Initiate an action in superior court to obtain a support order or obtain other relief related to support for a dependent child on whose behalf the department is providing public assistance or support enforcement services under RCW 74.20.040, or to enforce a superior court order.
(2) Appear as a party in dissolution, child support, parentage, maintenance suits, or other proceedings, for the purpose of representing the financial interest and actions of the state of Washington therein.
(3) Petition the court for modification of a superior court order when the office of support enforcement is providing support enforcement services under RCW 74.20.040.
(4) When the attorney general or prosecuting attorney appears in, defends, or initiates actions to establish, modify, or enforce child support obligations he or she represents the state, the best interests of the child relating to parentage, and the best interests of the children of the state, but does not represent the interests of any other individual.
(5) If public assistance has been applied for or granted on behalf of a child of parents who are divorced or legally separated, the attorney general or prosecuting attorney may apply to the superior court in such action for an order directing either parent or both to show cause:
(a) Why an order of support for the child should not be entered, or
(b) Why the amount of support previously ordered should not be increased, or
(c) Why the parent should not be held in contempt for his or her failure to comply with any order of support previously entered.
(6) Initiate any civil proceedings deemed necessary by the department to secure reimbursement from the parent or parents of minor dependent children for all moneys expended by the state in providing assistance or services to said children.
(7) Nothing in this section limits the authority of the attorney general or prosecuting attorney to use any and all civil and criminal remedies to enforce, establish, or modify child support obligations whether or not the custodial parent receives public assistance.
[ 1991 c 367 § 44; 1979 c 141 § 367; 1973 1st ex.s. c 154 § 112; 1969 ex.s. c 173 § 15; 1963 c 206 § 7.]
NOTES:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.225 - Subpoena authority—Enforcement.

RCW 74.20.225
Subpoena authority—Enforcement.
In carrying out the provisions of this chapter or chapters 26.18, 26.23, 26.26A, 26.26B, and 74.20A RCW, the secretary and other duly authorized officers of the department may subpoena witnesses, take testimony, and compel the production of such papers, books, records, and documents as they may deem relevant to the performance of their duties. The division of child support may enforce subpoenas issued under this power according to RCW 74.20A.350.
[ 2019 c 46 § 5047; 1997 c 58 § 898.]
NOTES:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.230 - Petition for support order by married parent with minor children who are receiving public assistance.

RCW 74.20.230
Petition for support order by married parent with minor children who are receiving public assistance.
Any married parent with minor children, natural or legally adopted children who is receiving public assistance may apply to the superior court of the county in which such parent resides or in which the spouse may be found for an order upon such spouse, if such spouse is the natural or adoptive mother or father of such children, to provide for such spouse's support and the support of such spouse's minor children by filing in such county a petition setting forth the facts and circumstances upon which such spouse relies for such order. If it appears to the satisfaction of the court that such parent is without funds to employ counsel, the state department of social and health services through the attorney general may file such petition on behalf of such parent. If satisfied that a just cause exists, the court shall direct that a citation issue to the other spouse requiring such spouse to appear at a time set by the court to show cause why an order of support should not be entered in the matter.
[ 1973 1st ex.s. c 154 § 113; 1963 c 206 § 8.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.240 - Petition for support order by married parent with minor children who are receiving public assistance—Order—Powers of court.

RCW 74.20.240
Petition for support order by married parent with minor children who are receiving public assistance—Order—Powers of court.
(1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support. (2) The court has the same power to compel the attendance of witnesses and the production of testimony as in actions and suits, to make such decree or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.
[ 1963 c 206 § 9.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.250 - Petition for support order by married parent with minor children who are receiving public assistance—Waiver of filing fees.

RCW 74.20.250
Petition for support order by married parent with minor children who are receiving public assistance—Waiver of filing fees.
The court may, upon satisfactory showing that the petitioner is without funds to pay the filing fee, order that the petition and other papers be filed without payment of the fee.
[ 1963 c 206 § 10.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.260 - Financial statements by parent whose absence is basis of application for public assistance.

RCW 74.20.260
Financial statements by parent whose absence is basis of application for public assistance.
Any parent in the state whose absence is the basis upon which an application is filed for public assistance on behalf of a child shall be required to complete a statement, under oath, of his or her current monthly income, his or her total income over the past twelve months, the number of dependents for whom he or she is providing support, the amount he or she is contributing regularly toward the support of all children for whom application for such assistance is made, his or her current monthly living expenses, and such other information as is pertinent to determining his or her ability to support his or her children. Such statement shall be provided upon demand made by the state department of social and health services or attorney general, and if assistance based upon such application is granted on behalf of such child, additional statements shall be filed annually thereafter with the state department of social and health services until such time as the child is no longer receiving such assistance. Failure to comply with this section shall constitute a misdemeanor.
[ 2013 c 23 § 214; 1979 c 141 § 368; 1963 c 206 § 11.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.280 - Central unit for information and administration—Cooperation enjoined—Availability of records.

RCW 74.20.280
Central unit for information and administration—Cooperation enjoined—Availability of records.
The department is authorized and directed to establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning the parents of dependent children, to coordinate and supervise departmental activities in relation to such parents, to assure effective cooperation with law enforcement agencies, and to perform other functions authorized by state and federal support enforcement and child custody statutes and regulations.
To effectuate the purposes of this section, the secretary may request from state, county and local agencies all information and assistance as authorized by this chapter. Upon the request of the department of social and health services, all state, county and city agencies, officers and employees shall cooperate in the location of the parents of a dependent child and shall supply the department with all information relative to the location, income and property of such parents, notwithstanding any provision of law making such information confidential.
Any records established pursuant to the provisions of this section shall be available only to the attorney general, prosecuting attorneys, courts having jurisdiction in support and/or abandonment proceedings or actions, or other authorized agencies or persons for use consistent with the intent of state and federal support enforcement and child custody statutes and regulations.
[ 1983 1st ex.s. c 41 § 15; 1979 c 141 § 370; 1963 c 206 § 13.]
NOTES:
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.300 - Department exempt from fees relating to paternity or support.

RCW 74.20.300
Department exempt from fees relating to paternity or support.
No filing or recording fees, court fees, or fees for making copies of documents shall be required from the state department of social and health services by any county clerk, county auditor, or other county officer for the filing of any actions or documents necessary to establish paternity or enforce or collect support moneys.
Filing fees shall also not be required of any prosecuting attorney or the attorney general for action to establish paternity or enforce or collect support moneys.
[ 1979 ex.s. c 171 § 1; 1973 1st ex.s. c 183 § 3; 1963 c 206 § 15.]
NOTES:
Severability—1979 ex.s. c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 171 § 28.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.310 - Guardian ad litem in actions brought to determine parent and child relationship—Notice.

RCW 74.20.310
Guardian ad litem in actions brought to determine parent and child relationship—Notice.
(1) The provisions of RCW 26.26A.485 requiring appointment of a guardian ad litem to represent the child in an action brought to determine the parent and child relationship do not apply to actions brought under chapter 26.26A or 26.26B RCW if:
(a) The action is brought by the attorney general on behalf of the department of social and health services and the child; or
(b) The action is brought by any prosecuting attorney on behalf of the state and the child when referral has been made to the prosecuting attorney by the department of social and health services requesting such action.
(2) On the issue of parentage, the attorney general or prosecuting attorney functions as the child's guardian ad litem provided the interests of the state and the child are not in conflict.
(3) The court, on its own motion or on motion of a party, may appoint a guardian ad litem when necessary.
(4) The summons shall contain a notice to the parents that pursuant to RCW 26.26A.485 the parents have a right to move the court for a guardian ad litem for the child other than the prosecuting attorney or the attorney general subject to subsection (2) of this section.
[ 2019 c 46 § 5048; 2002 c 302 § 705; 1991 c 367 § 45; 1979 ex.s. c 171 § 15.]
NOTES:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.320 - Custodian to remit support moneys when department has support obligation—Noncompliance.

RCW 74.20.320
Custodian to remit support moneys when department has support obligation—Noncompliance.
Whenever a custodian of children, or other person, receives support moneys paid to them which moneys are paid in whole or in part in satisfaction of a support obligation which has been assigned to the department pursuant to Title IV-A of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 or RCW 74.20.330 or to which the department is owed a debt pursuant to RCW 74.20A.030, the moneys shall be remitted to the department within eight days of receipt by the custodian or other person. If not so remitted the custodian or other person shall be indebted to the department as a support debt in an amount equal to the amount of the support money received and not remitted.
By not paying over the moneys to the department, a custodial parent or other person is deemed, without the necessity of signing any document, to have made an irrevocable assignment to the department of any support delinquency owed which is not already assigned to the department or to any support delinquency which may accrue in the future in an amount equal to the amount of support money retained. The department may utilize the collection procedures in chapter 74.20A RCW to collect the assigned delinquency to effect recoupment and satisfaction of the debt incurred by reason of the failure of the custodial parent or other person to remit. The department is also authorized to make a set-off to effect satisfaction of the debt by deduction from support moneys in its possession or in the possession of any clerk of the court or other forwarding agent which are paid to the custodial parent or other person for the satisfaction of any support delinquency. Nothing in this section authorizes the department to make set-off as to current support paid during the month for which the payment is due and owing.
[ 1997 c 58 § 935; 1979 ex.s. c 171 § 17.]
NOTES:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.330 - Payment of public assistance as assignment of rights to support.

RCW 74.20.330
Payment of public assistance as assignment of rights to support.
(1) Whenever public assistance is paid under a state program funded under Title IV-A of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, and the federal deficit reduction act of 2005, each applicant or recipient is deemed to have made assignment to the department of any rights to a support obligation from any other person the applicant or recipient may have in his or her own behalf or in behalf of any other family member for whom the applicant or recipient is applying for or receiving public assistance, including any unpaid support obligation or support debt which has accrued at the time the assignment is made.
(2) Payment of public assistance under a state-funded program, or a program funded under Title IV-A, IV-E, or XIX of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 shall:
(a) Operate as an assignment by operation of law; and
(b) Constitute an authorization to the department to provide the assistance recipient with support enforcement services.
(3) Effective October 1, 2008, whenever public assistance is paid under a state program funded under Title IV-A of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, and the federal deficit reduction act of 2005, a member of the family is deemed to have made an assignment to the state any right the family member may have, or on behalf of the family member receiving such assistance, to support from any other person, not exceeding the total amount of assistance paid to the family, which accrues during the period that the family receives assistance under the program.
[ 2012 1st sp.s. c 4 § 2; 2011 1st sp.s. c 42 § 10; 2007 c 143 § 6; 2000 c 86 § 6; 1997 c 58 § 936; 1989 c 360 § 13; 1988 c 275 § 19; 1985 c 276 § 3; 1979 ex.s. c 171 § 22.]
NOTES:
Effective date—2012 1st sp.s. c 4: See note following RCW 74.20.040.
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.
Severability—2007 c 143: See note following RCW 26.18.170.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.340 - Employees' case workload standards.

RCW 74.20.340
Employees' case workload standards.
The department shall develop workload standards for each employee classification involved in support enforcement activities for each category of support enforcement cases.
[ 1998 c 245 § 150; 1979 ex.s. c 171 § 25.]
NOTES:
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.350 - Costs and attorneys' fees.

RCW 74.20.350
Costs and attorneys' fees.
In order to facilitate and ensure compliance with Title IV-D of the federal social security act, now existing or hereafter amended, wherein the state is required to undertake to establish parentage of such children as are born out of wedlock, the secretary of social and health services may pay the reasonable and proper fees of attorneys admitted to practice before the courts of this state, who are engaged in private practice for the purpose of maintaining actions under chapter 26.26A or 26.26B RCW on behalf of such children, to the end that parent and child relationships be determined and financial support obligations be established by superior court order. The secretary or the secretary's designee shall make the determination in each case as to which cases shall be referred for representation by such private attorneys. The secretary may advance, pay, or reimburse for payment of, such reasonable costs as may be attendant to an action under chapter 26.26A or 26.26B RCW. The representation by a private attorney shall be only on behalf of the subject child, the custodial natural parent, and the child's personal representative or guardian ad litem, and shall not in any manner be, or be construed to be, in representation of the department of social and health services or the state of Washington, such representation being restricted to that provided pursuant to chapters 43.10 and 36.27 RCW.
[ 2019 c 46 § 5049; 1979 ex.s. c 171 § 19.]
NOTES:
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.360 - Orders for genetic testing.

RCW 74.20.360
Orders for genetic testing.
(1) The division of child support may issue an order for genetic testing when providing services under this chapter and Title IV-D of the federal social security act if genetic testing:
(a) Is appropriate in an action under chapter 26.26A RCW, the uniform parentage act;
(b) Is appropriate in an action to establish support under RCW 74.20A.056; or
(c) Would assist the parties or the division of child support in determining whether it is appropriate to proceed with an action to establish or disestablish parentage.
(2) The order for genetic testing shall be served on the alleged genetic parent or parents and the legal parent by personal service or by any form of mail requiring a return receipt.
(3) Within twenty days of the date of service of an order for genetic testing, any party required to appear for genetic testing, the child, or a guardian on the child's behalf, may petition in superior court under chapter 26.26A RCW to bar or postpone genetic testing.
(4) The order for genetic testing shall contain:
(a) An explanation of the right to proceed in superior court under subsection (3) of this section;
(b) Notice that if no one proceeds under subsection (3) of this section, the agency issuing the order will schedule genetic testing and will notify the parties of the time and place of testing by regular mail;
(c) Notice that the parties must keep the agency issuing the order for genetic testing informed of their residence address and that mailing a notice of time and place for genetic testing to the last known address of the parties by regular mail constitutes valid service of the notice of time and place;
(d) Notice that the order for genetic testing may be enforced through:
(i) Public assistance grant reduction for noncooperation, pursuant to agency rule, if the child and custodian are receiving public assistance;
(ii) Termination of support enforcement services under Title IV-D of the federal social security act if the child and custodian are not receiving public assistance;
(iii) A referral to superior court for an appropriate action under chapter 26.26A RCW; or
(iv) A referral to superior court for remedial sanctions under RCW 7.21.060.
(5) The department may advance the costs of genetic testing under this section.
(6) If an action is pending under chapter 26.26A RCW, a judgment for reimbursement of the cost of genetic testing may be awarded under RCW 26.26A.330.
(7) If no action is pending in superior court, the department may impose an obligation to reimburse costs of genetic testing according to rules adopted by the department to implement RCW 74.20A.056.
[ 2019 c 46 § 5050; 2002 c 302 § 706; 1997 c 58 § 901.]
NOTES:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20 - Support of Dependent Children. › 74.20.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 74.20.901
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 179.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.010 - Purpose—Remedies additional.

RCW 74.20A.010
Purpose—Remedies additional.
Common law and statutory procedures governing the remedies for enforcement of support for financially dependent minor children by responsible parents have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency. The increasing workload of courts, prosecuting attorneys, and the attorney general has made such remedies uncertain, slow and inadequate, thereby resulting in a growing burden on the financial resources of the state, which is constrained to provide public assistance grants for basic maintenance requirements when parents fail to meet their primary obligations. The state of Washington, therefore, exercising its police and sovereign power, declares that the common law and statutory remedies pertaining to family desertion and nonsupport of minor dependent children shall be augmented by additional remedies directed to the real and personal property resources of the responsible parents. In order to render resources more immediately available to meet the needs of minor children, it is the legislative intent that the remedies herein provided are in addition to, and not in lieu of, existing law. It is declared to be the public policy of this state that this chapter be construed and administered to the end that children shall be maintained from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through welfare programs.
[ 1971 ex.s. c 164 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.035 - Augmentation of paternity establishment services.

RCW 74.20A.035
Augmentation of paternity establishment services.
The department of social and health services shall augment its present paternity establishment services through the hiring of additional assistant attorneys general, or contracting with prosecutors or private attorneys licensed in the state of Washington in those judicial districts experiencing delay or an accumulation of unserved paternity cases. The employment of private attorneys shall be limited in scope to renewable six-month periods in judicial districts where the prosecutor or the attorney general cannot provide adequate, cost-effective service. The department of social and health services shall provide a written report of the circumstances requiring employment of private attorneys to the judiciary committees of the senate and house of representatives and provide copies of such reports to the office of the attorney general and to the Washington association of prosecuting attorneys.
[ 1987 c 441 § 3.]
NOTES:
Legislative findings—1987 c 441: "The state of Washington through the department of social and health services is required by state and federal statutes to provide paternity establishment services. These statutes require that reasonable efforts to establish paternity be made, if paternity of the child is in question, in all public assistance cases and whenever such services are requested in nonassistance cases.
The increasing number of children being born out of wedlock together with improved awareness of the benefits to the child and society of having paternity established have resulted in a greater demand on the existing judicial paternity establishment system." [ 1987 c 441 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.040 - Notice of support debt—Service or mailing—Contents—Action on, when.

RCW 74.20A.040
Notice of support debt—Service or mailing—Contents—Action on, when.
(1) The secretary may issue a notice of a support debt accrued and/or accruing based upon RCW 74.20A.030, assignment of a support debt or a request for support enforcement services under RCW 74.20.040 (2) or (3), to enforce and collect a support debt created by a superior court order or administrative order. The payee under the order shall be informed when a notice of support debt is issued under this section.
(2) The notice may be served upon the debtor in the manner prescribed for the service of a summons in a civil action or be mailed to the debtor at his or her last known address by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the support debt accrued and/or accruing, computable on the amount required to be paid under any superior court order to which the department is subrogated or is authorized to enforce and collect under RCW 74.20A.030, has an assigned interest, or has been authorized to enforce pursuant to RCW 74.20.040 (2) or (3);
(b) A statement that the property of the debtor is subject to collection action;
(c) A statement that the property is subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver; and
(d) A statement that the net proceeds will be applied to the satisfaction of the support debt.
(4) Action to collect a support debt by lien and foreclosure, or distraint, seizure and sale, or order to withhold and deliver shall be lawful after twenty days from the date of service upon the debtor or twenty days from the receipt or refusal by the debtor of said notice of debt.
(5) The secretary shall not be required to issue or serve such notice of support debt prior to taking collection action under this chapter when a responsible parent's support order:
(a) Contains language directing the parent to make support payments to the Washington state support registry; and
(b) Includes a statement that income-withholding action under this chapter may be taken without further notice to the responsible parent, as provided in RCW 26.23.050(1).
[ 2013 c 23 § 215; 1989 c 360 § 8; 1985 c 276 § 2; 1973 1st ex.s. c 183 § 5; 1971 ex.s. c 164 § 4.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.057 - Jurisdiction over responsible parent.

RCW 74.20A.057
Jurisdiction over responsible parent.
A support obligation arising under the statutes or common law of this state binds the responsible parent, present in this state, regardless of the presence or residence of the custodian or children. The obligor is presumed to have been present in the state of Washington during the period for which support is sought until otherwise shown. The department may establish an administrative order pursuant to RCW 74.20A.055 that is based upon any support obligation imposed or imposable under the statutes or common law of any state in which the obligor was present during the period for which support is sought.
[ 1985 c 276 § 15.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.070 - Service of lien.

RCW 74.20A.070
Service of lien.
(1) The secretary may at any time after filing of a support lien serve a copy of the lien upon any person, firm, corporation, association, political subdivision, or department of the state in possession of earnings, or deposits or balances held in any bank account of any nature which are due, owing, or belonging to said debtor.
(2) The support lien shall be served upon the person, firm, corporation, association, political subdivision, or department of the state:
(a) In the manner prescribed for the service of summons in a civil action;
(b) By certified mail, return receipt requested; or
(c) By electronic means if there is an agreement between the secretary and the person, firm, corporation, association, political subdivision, or department of the state to accept service by electronic means.
(3) No lien filed under RCW 74.20A.060 shall have any effect against earnings or bank deposits or balances unless it states the amount of the support debt accrued and unless service upon the person, firm, corporation, association, political subdivision, or department of the state in possession of earnings or bank accounts, deposits or balances is accomplished pursuant to this section.
[ 1997 c 130 § 6; 1973 1st ex.s. c 183 § 8; 1971 ex.s. c 164 § 7.]
NOTES:
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.090 - Certain amount of earnings exempt from lien or order—"Earnings" and "disposable earnings" defined.

RCW 74.20A.090
Certain amount of earnings exempt from lien or order—"Earnings" and "disposable earnings" defined.
Whenever a support lien or order to withhold and deliver is served upon any person, firm, corporation, association, political subdivision, or department of the state asserting a support debt against earnings and there is in the possession of such person, firm, corporation, association, political subdivision, or department of the state, any such earnings, RCW 6.27.150 shall not apply, but fifty percent of the disposable earnings shall be exempt and may be disbursed to the debtor whether such earnings are paid, or to be paid weekly, monthly, or at other intervals and whether there be due the debtor earnings for one week or for a longer period. The lien or order to withhold and deliver shall continue to operate and require said person, firm, corporation, association, political subdivision, or department of the state to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld. As used in this chapter, the term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy support obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050 or Title 74 RCW. Earnings shall specifically include all gain derived from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets. The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld.
[ 1982 1st ex.s. c 18 § 12. Prior: 1982 c 201 § 21; 1979 ex.s. c 171 § 10; 1973 1st ex.s. c 183 § 10; 1971 ex.s. c 164 § 9.]
NOTES:
Severability—Conflict with federal requirements—1982 1st ex.s. c 18: See notes following RCW 50.12.200.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.095 - Support enforcement services—Action against earnings within state—Notice.

RCW 74.20A.095
Support enforcement services—Action against earnings within state—Notice.
When providing support enforcement services, the office of support enforcement may take action, under this chapter and chapter 26.23 RCW, against a responsible parent's earnings or assets, located in, or subject to the jurisdiction of, the state of Washington regardless of the presence or residence of the responsible parent. If the responsible parent resides in another state or country, the office of support enforcement shall, unless otherwise authorized by state or federal law, serve a notice under RCW 74.20A.040 more than sixty days before taking collection action.
[ 2000 c 86 § 9; 1991 c 367 § 48.]
NOTES:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.100 - Civil liability upon failure to comply with order or lien—Collection.

RCW 74.20A.100
Civil liability upon failure to comply with order or lien—Collection.
(1) Any person, firm, corporation, association, political subdivision, or department of the state shall be liable to the department, 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 earnings in satisfaction of a support obligation, in the amount that should have been withheld, together with costs, interest, and reasonable attorney fees if that person or entity:
(a) Fails to answer an order to withhold and deliver, or substantially similar action issued by the agency or firm providing child support enforcement for another state, under Title IV-D of the federal social security act, within the time prescribed herein;
(b) Fails or refuses to deliver property pursuant to said order;
(c) After actual notice of filing of a support lien, pays over, releases, sells, transfers, or conveys real or personal property subject to a support lien to or for the benefit of the debtor or any other person;
(d) Fails or refuses to surrender property distrained under RCW 74.20A.130 upon demand; or
(e) Fails or refuses to honor an assignment of earnings presented by the secretary.
(2) The secretary is authorized to issue a notice of noncompliance under RCW 74.20A.350 or to proceed in superior court to obtain a judgment for noncompliance under this section.
[ 1997 c 296 § 15; 1997 c 58 § 895; 1989 c 360 § 5; 1985 c 276 § 7; 1973 1st ex.s. c 183 § 11; 1971 ex.s. c 164 § 10.]
NOTES:
Reviser's note: This section was amended by 1997 c 58 § 895 and by 1997 c 296 § 15, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.110 - Release of excess to debtor.

RCW 74.20A.110
Release of excess to debtor.
Whenever any person, firm, corporation, association, political subdivision or department of the state has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the department, such person, firm, corporation, association, political subdivision or department of the state may, without liability under this chapter, release said excess to the debtor.
[ 1979 ex.s. c 171 § 7; 1971 ex.s. c 164 § 11.]
NOTES:
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.120 - Banks, savings and loan associations, credit unions—Service on main office or branch, effect—Collection actions against community bank account, right to adjudicative proceeding.

RCW 74.20A.120
Banks, savings and loan associations, credit unions—Service on main office or branch, effect—Collection actions against community bank account, right to adjudicative proceeding.
A lien, order to withhold and deliver, or any other notice or document authorized by this chapter or chapter 26.23 RCW may be served on the main office of a bank, savings and loan association, or credit union or on a branch office of such financial institution. Service on the main office shall be effective to attach the deposits of a responsible parent in the financial institution and compensation payable for personal services due the responsible parent from the financial institution. Service on a branch office shall be effective to attach the deposits, accounts, credits, or other personal property of the responsible parent, excluding compensation payable for personal services, in the possession or control of the particular branch served.
If the department initiates collection action under this chapter against a community bank account, the debtor or the debtor's spouse, upon service on the department of a timely application, has a right to an adjudicative proceeding governed by chapter 34.05 RCW, the Administrative Procedure Act, to establish that the funds in the account, or a portion of those funds, were the earnings of the nonobligated spouse, and are exempt from the satisfaction of the child support obligation of the debtor pursuant to RCW 26.16.200.
[ 1989 c 360 § 30; 1989 c 175 § 155; 1983 1st ex.s. c 41 § 3; 1971 ex.s. c 164 § 12.]
NOTES:
Reviser's note: This section was amended by 1989 c 175 § 155 and by 1989 c 360 § 30, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.140 - Action for foreclosure of support lien—Satisfaction.

RCW 74.20A.140
Action for foreclosure of support lien—Satisfaction.
Whenever a support lien has been filed, an action in foreclosure of lien upon real or personal property may be brought in the superior court of the county where real or personal property is or was located and the lien was filed and judgment shall be rendered in favor of the department for the amount due, with costs, and the court shall allow, as part of the costs, the moneys paid for making and filing the claim of lien, and a reasonable attorney's fee, and the court shall order any property upon which any lien provided for by this chapter is established, to be sold by the sheriff of the proper county to satisfy the lien and costs. The payment of the lien debt, costs and reasonable attorney fees, at any time before sale, shall satisfy the judgment of foreclosure. Where the net proceeds of sale upon application to the debt claimed do not satisfy the debt in full, the department shall have judgment over for any deficiency remaining unsatisfied and further levy and sales upon other property of the judgment debtor may be made under the same execution. In all sales contemplated under this section, advertising of notice shall only be necessary for two weeks in a newspaper published in the county where said property is located, and if there be no newspaper therein, then in the most convenient newspaper having a circulation in such county. Remedies provided for herein are alternatives to remedies provided for in other sections of this chapter.
[ 1973 1st ex.s. c 183 § 13; 1971 ex.s. c 164 § 14.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.150 - Satisfaction of lien after foreclosure proceedings instituted—Redemption.

RCW 74.20A.150
Satisfaction of lien after foreclosure proceedings instituted—Redemption.
Any person owning real property, or any interest in real property, against which a support lien has been filed and foreclosure instituted, shall have the right to pay the amount due, together with expenses of the proceedings and reasonable attorneys' fees to the secretary and upon such payment the secretary shall restore said property to him or her and all further proceedings in the said foreclosure action shall cease. Said person shall also have the right within two hundred forty days after sale of property foreclosed under RCW 74.20A.140 to redeem said property by making payment to the purchaser in the amount paid by the purchaser plus interest thereon at the rate of six percent per annum.
[ 2013 c 23 § 217; 1973 1st ex.s. c 183 § 14; 1971 ex.s. c 164 § 15.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.160 - Secretary may set debt payment schedule, release funds in certain hardship cases.

RCW 74.20A.160
Secretary may set debt payment schedule, release funds in certain hardship cases.
With respect to any arrearages on a support debt assessed under this chapter, the secretary may at any time consistent with the income, earning capacity and resources of the debtor, set or reset a level and schedule of payments to be paid upon a support debt. The secretary may, upon petition of the debtor providing sufficient evidence of hardship, after consideration of the child support schedule adopted under *RCW 26.19.040, release or refund moneys taken pursuant to RCW 74.20A.080 to provide for the reasonable necessities of the responsible parent or parents and minor children in the home of the responsible parent. Nothing in this section shall be construed to require the secretary to take any action which would require collection of less than the obligation for current support required under a superior court order or an administrative order or to take any action which would result in a bar of collection of arrearages from the debtor by reason of the statute of limitations.
[ 1988 c 275 § 11; 1985 c 276 § 8; 1979 ex.s. c 171 § 8; 1971 ex.s. c 164 § 16.]
NOTES:
*Reviser's note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8, effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.170 - Secretary may release lien or order or return seized property—Effect.

RCW 74.20A.170
Secretary may release lien or order or return seized property—Effect.
The secretary may at any time release a support lien, or order to withhold and deliver, on all or part of the property of the debtor, or return seized property without liability, if assurance of payment is deemed adequate by the secretary, or if said action will facilitate the collection of the debt, but said release or return shall not operate to prevent future action to collect from the same or other property.
[ 1973 1st ex.s. c 183 § 15; 1971 ex.s. c 164 § 17.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.20A - Support of Dependent Children—Alternative Method—1971 Act. › 74.20A.180 - Secretary may make demand, file and serve liens, when payments appear in jeopardy.

RCW 74.20A.180
Secretary may make demand, file and serve liens, when payments appear in jeopardy.
If the secretary finds that the collection of any support debt, accrued under a support order, based upon subrogation or an authorization to enforce and collect under RCW 74.20A.030, or assignment of, or a request for support enforcement services to enforce and collect the amount of support ordered by any support order is in jeopardy, the secretary may make a written demand under RCW 74.20A.040 for immediate payment of the support debt and, upon failure or refusal immediately to pay said support debt, may file and serve liens pursuant to RCW 74.20A.060 and 74.20A.070, without regard to the twenty day period provided for in RCW 74.20A.040: PROVIDED, That no further action under RCW 74.20A.080, 74.20A.130, and 74.20A.140 may be taken until the notice requirements of RCW 74.20A.040 are met.
[ 2000 c 86 § 10; 1985 c 276 § 9; 1973 1st ex.s. c 183 § 16; 1971 ex.s. c 164 § 18.]