USA Statutes : washington
Title : Domestic relations
Chapter : Uniform interstate family support act
RCW 26.21.005Definitions. (Contingent expiration date.)In this chapter:  (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.  (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.  (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.  (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.  (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.  (6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by RCW 50.04.080, to withhold support from the income of the obligor.  (7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.  (8) "Initiating tribunal" means the authorized tribunal in an initiating state.  (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.  (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.  (11) "Law" includes decisional and statutory law and rules and regulations having the force of law.  (12) "Obligee" means:  (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;  (b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or  (c) An individual seeking a judgment determining parentage of the individual's child.  (13) "Obligor" means an individual, or the estate of a decedent:  (a) Who owes or is alleged to owe a duty of support;  (b) Who is alleged but has not been adjudicated to be a parent of a child; or  (c) Who is liable under a support order.  (14) "Register" means to record or file in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically, a support order or judgment determining parentage.  (15) "Registering tribunal" means a tribunal in which a support order is registered.  (16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.  (17) "Responding tribunal" means the authorized tribunal in a responding state.  (18) "Spousal support order" means a support order for a spouse or former spouse of the obligor.  (19) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes:  (a) An Indian tribe; and  (b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.  (20) "Support enforcement agency" means a public official or agency authorized to seek:  (a) Enforcement of support orders or laws relating to the duty of support;  (b) Establishment or modification of child support;  (c) Determination of parentage; or  (d) Location of obligors or their assets.  (21) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorneys' fees, and other relief.  (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.[1997 c 58 § 911; 1993 c 318 § 101.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900.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. RCW 26.21.025Remedies cumulative. (Contingent expiration date.)Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.[1993 c 318 § 103.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.215Action by minor parent. (Contingent expiration date.)A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.[1993 c 318 § 302.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.245Duties and powers of responding tribunal. (Contingent expiration date.)(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to RCW 26.21.205(3), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.  (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:  (a) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;  (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;  (c) Order income withholding;  (d) Determine the amount of any arrearages, and specify a method of payment;  (e) Enforce orders by civil or criminal contempt, or both;  (f) Set aside property for satisfaction of the support order;  (g) Place liens and order execution on the obligor's property;  (h) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;  (i) Issue a bench warrant or writ of arrest for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant or writ of arrest in any local and state computer systems for criminal warrants;  (j) Order the obligor to seek appropriate employment by specified methods;  (k) Award reasonable attorneys' fees and other fees and costs; and  (l) Grant any other available remedy.  (3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.  (4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.  (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.[1997 c 58 § 915; 1993 c 318 § 305.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900.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. RCW 26.21.355Special rules of evidence and procedure. (Contingent expiration date.)(1) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.  (2) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.  (3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.  (4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.  (5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.  (6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.   (7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.  (8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.  (9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.[1993 c 318 § 316.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.480Registration of order for enforcement. (Contingent expiration date.)A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.[1993 c 318 § 601.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.490Procedure to register order for enforcement. (Contingent expiration date.)(1) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the support enforcement agency of this state or to the superior court of any county in this state where the obligor resides, works, or has property:  (a) A letter of transmittal to the tribunal requesting registration and enforcement;  (b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;  (c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;  (d) The name of the obligor and, if known:  (i) The obligor's address and social security number;  (ii) The name and address of the obligor's employer and any other source of income of the obligor; and  (iii) A description and the location of property of the obligor in this state not exempt from execution; and  (e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.  (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.   (3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.[1997 c 58 § 924; 1993 c 318 § 602.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900.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. RCW 26.21.500Effect of registration for enforcement. (Contingent expiration date.)(1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.  (2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.  (3) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.[1993 c 318 § 603.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.640Grounds for rendition. (Contingent expiration date.)(1) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.  (2) The governor of this state may:  (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or  (b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.  (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state.[1993 c 318 § 801.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900. RCW 26.21.650Surrender of individual charged criminally with failure to support an obligee Conditions of rendition. (Contingent expiration date.)(1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.  (2) If, under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.  (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.[1993 c 318 § 802.]Notes:Contingent effective date -- 2002 c 198: See RCW 26.21A.900.