(1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is:

     (a) Subject to a support order allowing immediate income withholding; or

     (b) More than fifteen days past due in child support or maintenance payments in an amount equal to or greater than the obligation payable for one month.

     (2) The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

     (a) That the obligor, stating his or her name and residence, is:

     (i) Subject to a support order allowing immediate income withholding; or

     (ii) More than fifteen days past due in child support or maintenance payments in an amount equal to or greater than the obligation payable for one month;

     (b) A description of the terms of the order requiring payment of support or maintenance, and the amount past due, if any;

     (c) The name and address of the obligor's employer;

     (d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for support or maintenance states that the obligee may seek a mandatory wage assignment without notice to the obligor; and

     (e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

     (3) If the court in which a mandatory wage assignment is sought does not already have a copy of the support or maintenance order in the court file, then the obligee shall attach a copy of the support or maintenance order to the petition or motion seeking the wage assignment.

[2008 c 6 § 1031; 1994 c 230 § 3; 1993 c 426 § 6; 1987 c 435 § 18; 1984 c 260 § 7.]

NOTES:

     Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.

     Effective date -- 1987 c 435: See RCW 26.23.900.