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Washington State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
9 Field Offices, 1 in each of the following cities: Seattle, Tacoma, Everett, Yakima, Vancouver, Olympia, Spokane, Wenatchee, and Kennewick
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No
A2.1. If yes, what is the statutory citation?
N/A
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Chapter 26.21A, Revised Code of Washington
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One copy

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
N/A
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.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Confederated Tribes of the Colville Reservation, Kalispel, Lower Elwha Klallam, Nez Perce, Nisqually, Nooksack, Quileute, Shoalwater Bay, Stillaguamish, Swinomish, and Upper Skagit
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

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 - exit disclaimer
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 determine the law that is applied?
Yes
D4.1. If yes, please explain.
Support continues until the child reaches the age of majority in a court order - For orders entered in Washington State, stop support at the end of the month when the child reaches age 18. Use age 21 for Washington orders entered before August 9, 1971 WA administrative orders: Before July 31, 2005, Washington State law for administrative orders said: Child support could continue after the child reached age 18 if the child is still enrolled in high school full-time or an equivalent vocational school but is expected to graduate before the end of the month of the child's 19th birthday. Effective July 31, 2005, Washington State law for administrative orders says: Child support continues for a child over the age of 18, if the child is under the age of 19 and participating full-time in a secondary school program.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, 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 otherwise 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.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?

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.
For Additional Information - exit disclaimer
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 For a child with a presumed, acknowledged or adjudicated parent, within 4 years of the birth of the child. RCW 26.26.530
For Additional Information - exit disclaimer
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income shares.
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
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?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Only if reduced to or included in judgment.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
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 based on the proportionate shares of income of the parties.
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 or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Birth costs (non-assistance only) and genetic test costs, but not court costs. Please note that these costs must be included in the support order.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
RCW 4.28.185, 26.26.080, 26.21.075 (UIFSA)
For Additional Information - exit disclaimer
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, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who 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 person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
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 did your state implement the required Deficit Reduction Act (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?
No. Washington did initiate a pass through program but later terminated it for budgetary reasons.
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
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. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution effective 7/1/2010.
F17. What are your state's 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.
For Additional Information - No Link Provided
F17.1. What are your state's 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.
For Additional Information - No Link Provided
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.
For Additional Information - No Link Provided
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.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. 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, per capita payments and other tribal funds unless there is an agreement with the tribe that we can collect those funds.
For Additional Information - exit disclaimer
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
50% of disposable income.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$10 set up fee, $1 per-payment fee.
For Additional Information - No Link Provided
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Immediately.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 working days.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Notice of noncompliance with administrative hearing rights.
G7. 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 per occurrence for failure to meet timeframes.
For Additional Information - exit disclaimer
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Washington will need Transmittal #1, copy of the support order(s) and a debt calculation, preferably certified but not required.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Conference board request if income withholding issued by Washington acting as an RJ or through Superior Court hearing pursuant to RCW 26.23.100.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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 proportionate to the debt on the cases.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
RCW 26.18.090
For Additional Information - exit disclaimer
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, 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
G13. 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
G14. How long should an employer retain the income withholding orders (IWO) after terminating 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.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. 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 - exit disclaimer
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Direct income withholding may be sent to any employer within the state and to any financial institution. Income withholding may be sent directly to state agencies to withhold wages of employees of the agency, but not for the purpose of withholding program benefits.
For Additional Information - No Link Provided
G18. 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
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Payments are distributed first to current support and then proportionately to each debt according to the proportion that the debt owed to each jurisdiction bears to the entire amount owed.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

For Additional Information - exit disclaimer
G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
The IV-D agency does not request orders regarding custody and visitation, but the parties may request that the court make provision for custody and visitation at the time the paternity and child support orders are entered.
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 legislation that makes paternity acknowledgments conclusive.
Rescission period is limited to 60 days after filing. Court challenge within 4 years based on fraud, duress, material mistake of fact
For Additional Information - exit disclaimer
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/27/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
None
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 conclusive determination of paternity?
No
H6.1. If no, briefly explain.
This does not create presumption of paternity by itself.
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/27/1997
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if married or in a domenstic partnership with each other, and the child is born within 300 days after the marriage or domestic partnership terminated. RCW 26.26.116
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. 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?

For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Parties may file responses in writing or appear telephonically with notice.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Revised Code of Washington 26.21A.100
For Additional Information - exit disclaimer
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
The cost must be included as judgment in the order of child support.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Court order, paternity acknowledgement filed with the Department of Health, completion of a Department of Health birth form at the hospital and filed with the Department of Health
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?
If paternity is not at issue for any of the children, send one packet. If there is more than one current order on the case (one per child) send a registration statement for each order, but one UIFSA packet.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both administrative and court order establishment processes are available.
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 a judicial process would 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 - exit disclaimer
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Income of both parents is considered in the calculation. Other household income may be considered when deviations are sought.
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 (for example, 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, specify those limitations.
5 year limitation if paternity hasn't been established.
I5. What actions can your state perform using the administrative process? For example, 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 existing court order. The administrative process 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 - exit disclaimer
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 receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No, but the custodial party must sign a Declaration of Lawful Custody.
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No, but the custodial party must sign a Declaration of Lawful Custody.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?
N/A. State practice does not include "reserving" support. If in doubt, request order establishment.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No, but the custodial party must sign a Declaration of Lawful Custody. The other party will have an notice and an opportunity to object. The other parent can directly apply for child support services.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No. The new custodian (new payee) can apply directly for child support services.
I14. What methods of personal service does your state use? **
Contracted process server, voluntary acceptance of service, certified mail return receipt, county sheriff or public official
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
UIFSA forms, Hague (Article 7) forms, support orders
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
basic child support, childcare, medical premium share
I17. Please provide the relevant statutory or case law citation. **
Revised Code of Washington 26.09.105, Washington Administrative Code 388-14A-3200
For Additional Information - No Link Provided
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Parents are encouraged to enter agreed settlements or consent orders with the Division of Child Support as a party. We require the signature of the parties (or telephonic approval with an administrative law judge)

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 - Washington has no state income tax.
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 Auditors Office
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 an 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 additional notice.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The state.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Documents are sent simultaneously to the financial institution and the NCP.
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 delinquent dollar amount that makes an obligor 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 of delinquency required 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, provide the percentage.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Policy asks for at least $5.00 if account is a simjgle savings account
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
20 days
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 holder challenge 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 is 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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
No
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your 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. Describe any other administrative enforcement procedures your state may have.
Any settlements or payments to NCP
J8. 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/esa/dcs/filing-a-child-support-lien-or-release-in-washington-state
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
All.
J11. Describe your state's procedures for registering and enforcing another state's order.
Notice of registration sent to NCP with administrative hearing rights, all enforcement methods available.
J12. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
RCW 6.36
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Case is open and has been in the ITsystem for 60 days, SSN is known to the agency, arrearages exceed $1000.00 and a verifed or unverified mailing or home address is known to the agency.
J15. To which credit bureaus does your state report an obligor's child support information?
Innovis, Trans Union, Equifax, Experian
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM,FIDM
J19. What documentation does your state require to proceed with an AEI request?
See J22.
J20. What mandatory data elements does your state need to process AEI requests?
See J22.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
MSFIDM,FIDM
J22. How many copies/sets of documents does your state require with an AEI request?
Transmittal #3, copy of order, debt calculation, name of FI and account balance if available, name(s)of CP(s) involved and child(ren).
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
See J22.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Send the following in an AEI request: Transmittal #3, copy of order, debt calculation, name of FI and account balance if available, name(s)of CP(s) involved and child(ren).
J25. What is the procedure for obtaining a certified copy of a court order?
WA order - ask WA caseworker to send a request to the county where the order was entered or to the IV-D agency in the state that entered the order
J26. What is the procedure for obtaining a certified payment record?
ask the WA caseworker to prepare a notarized record
J27. Is there a cost for requesting a certified copy of a court order or payment record?
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
See below.
J29. What triggers a driver's license revocation?
We can request the suspension of a driver license with notice to the non-custodial parent and arrears in excess of 6 months of support.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Not a specific amount. Arrears must be in excess of 6 months current support.
J29.2 If yes, what is the amount?
See J29.1
J30. Under what conditions may a noncustodial party restore the driver's license?
Payment in full of the arrears, a satisfactory repayment agreement or proof of limited hardships.
J30.1 What is the process for restoring a driver's license?
The noncustodial party pays the arrears in full or they enter into a repayment agreement and make the first payment under the terms of the agreement. Electronic interface with our Department of Driver licensing makes restoring the driver license nearly instantaneous.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Driver license suspension automatically triggers recreational (hunting, fishing, etc.) license suspension.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$1000
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/a
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
WA law allows credit only for benefits paid on behalf of the children. For more information see Revised Code of Washington 26.18.190

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Automatic in TANF cases, on request of CP or NCP in all cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Existing orders compared to current child support guidelines: Change must be 25% above/below current obligation; and $100 per month; and $2400 over the remaining life of the order.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Revised Code of Washington 26.09.170
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
State law (RCW 26.18.190)requires that social security dependents benefits based on disability, retirement, or survivorship of the obligated parent be treated as if the obligated parent had personally paid the benefits toward the satisfaction of the person's child support obligation for the period for which the benefits are paid.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
The non-custodial parent may petition the courts to apply equitable principals and abate support.
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
There is none.
For Additional Information - No Link Provided
K7.4. What information does your state need 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: CBRI Requests, PO Box 47814, Olympia, WA 98504-7814, the fee is $32.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
All referrals for modification should be through UIFSA. Requests for review should be accompanied by a copy of the support order and income information.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes, however payment amount is negotiable upon request of the NCP and can be adjusted based on the circumstances at that time.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Yes, however payment amount is negotiable upon request of the NCP and can be adjusted based on the circumstances at that time.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration; The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else; The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments 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. What is 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. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
For insurance settlement and/or proceeds from a lawsuit, we use the federal Notice of Lien; lump sum employer payments are attached using the Income Withholding for Support.
L8. What other documents does your state use to attach lump sum payments?
Lien on the specific property, followed by an Order to Withhold and Deliver Property and Accounts.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No. We are limited to 50%.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
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 - exit disclaimer
L9.3. If yes, what are those limits?
50%
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Yes.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
State run.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
U.S. Bank effective July 2017
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
N/A
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
Fees to be charged by US Bank within the new card program and incurred by the customer include: $.99 per out of network ATM withdrawal starting with 5th transaction (1st 4 transactions are free) $2.50 each for International ATM withdrawals 2% foreign transaction fee (International point of sale)
L15. How does your state collect child support payments from an obligor? **
If an employer is available, payments are collected via Income Withholding. Payments are also received through IRS Certification. Options for voluntary payments include: preauthorized withdrawal from a financial institution account, electronic funds transfer from a checking or savings account submitted by the non-custodial parent on our website, by credit or debit card through 3rd party vendors, by check or money order, and cash payments.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
Electronic payments cannot be sent or received from any international child support agency. We do process electronic payments to custodial parents in foreign countries who have direct cases with Washington State if the custodial parent has a DCS pre-paid debit card. We do not send payments via direct deposit to banks outside of the United States.
L19. What is your state's International Bank Account Number (IBAN)? **
IBAN is not used.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether 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. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
No limit.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
Internal limit set at $1000 arrears balance before will pursue collection.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
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?
Yes.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
RCW 74.20.225 RCW 74.20A.350
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice of Lien; Order to Withhold and Deliver - Property and Accounts
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
State agency. Unknown for other entities.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
RCW 74.20A.080(13)
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give 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?
Contact Central Services at 360-664-5000.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes