Revised Code of Washington - RCW Title 26 Domestic Relations - Section 26.18.100 Wage assignment order -- Form
§ 26.18.100. Wage assignment order -- Form
The wage assignment order shall be substantially in the following form:
The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or maintenance payments, or both, in an amount equal to or greater than the child support or maintenance payable for one month. The amount of the accrued child support or maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or maintenance obligation under the order is . . . . . . dollars per . . . . . .
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.
If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:
(1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:
(a) The sum of the accrued support or maintenance debt and the current support or maintenance obligation;
(b) The sum of the specified arrearage payment amount and the current support or maintenance obligation; or
(c) Fifty percent of the disposable earnings or remuneration of the obligor.
(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.
(3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts within five working days of each regular pay interval.
You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:
(a) The court that the wage assignment has been modified or terminated; or
(b) The addressee specified in the wage assignment order under this section that the accrued child support or maintenance debt has been paid.
You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect until you are no longer in possession of any earnings or remuneration owed to the employee.
You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below within five working days of each regular pay interval.
You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or maintenance, or order to withhold or deliver under chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE AMOUNT OF SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS OR SUBJECT TO CONTEMPT OF COURT.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.
DATED THIS . . . . day of . . . ., 19. . .
| . . . . . . . . . . . . | . . . . . . . . . . . . |
| Obligee, | Judge/Court Commissioner |
| or obligee's attorney | |
| Send withheld payments to: | . . . . . . . . . . . . |
| | . . . . . . . . . . . . |
| | . . . . . . . . . . . . |
| | . . . . . . . . . . . . |
[2008 c 6 § 1033; 1998 c 77 § 1. Prior: 1997 c 296 § 10; 1997 c 58 § 889; 1994 c 230 § 4; 1993 c 426 § 8; 1991 c 367 § 20; 1989 c 416 § 10; 1987 c 435 § 20; 1984 c 260 § 10.]
Notes:
Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.
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 -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.
Severability -- Effective date -- Captions not law -- 1991 c 367: See notes following RCW 26.09.015.
Effective date -- 1987 c 435: See RCW 26.23.900.
Sections: 26.18.035 26.18.040 26.18.050 26.18.055 26.18.070 26.18.080 26.18.090 26.18.100 26.18.110 26.18.120 26.18.130 26.18.140 26.18.150 26.18.160 26.18.170
Last modified: April 7, 2009