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 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. . .
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| Obligee, |
Judge/Court Commissioner |
| or obligee's attorney |
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| Send withheld payments to: |
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[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.