RCW 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
spousal maintenance payments, or both, in an amount equal to or
greater than the child support or spousal maintenance payable for
one month. The amount of the accrued child support or spousal
maintenance debt as of this date is . . . . . . dollars, the amount
of arrearage payments specified in the support or spousal
maintenance order (if applicable) is . . . . . . dollars per
. . . . . ., and the amount of the current and continuing support
or spousal 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 spousal maintenance debt
and the current support or spousal maintenance obligation;
(b) The sum of the specified arrearage payment amount and the
current support or spousal 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 spousal 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 spousal
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. . .
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| Obligee, |
Judge/Court Commissioner |
| or obligee's attorney |
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| Send withheld payments to: |
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[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:
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.