§28.08 General Rules for The Collection of Child Support

• Jurisdiction: Washington

§ 28.08 GENERAL RULES FOR THE COLLECTION OF CHILD SUPPORT

Because the entry of a support order does not guarantee payment, collection efforts are often required to obtain support. Factors to consider when taking collection action are the property subject to collection, the amount of support owed, the life of the judgment, and whether the state has an independent interest in the support debt.

[1] Property Subject to Collection

The statute authorizing the collection of support against certain property, RCW 26.16.200, is complicated and confusing. There is no problem if the obligor remains unmarried, because then all property is subject to collection. Complications arise when the obligor remarries and a new community is formed.

In Van Dyke v. Thompson, 95 Wn.2d 726, 630 P.2d 420 (1981), the court held that a child support debt is a separate obligation and that the earnings and accumulations of the obligor are subject to collection even after remarriage, but no other community property is subject to collection. The community property holding in Van Dyke was changed by an amendment to RCW 26.16.200 to allow collection against some community property. When an obligor remarries, the new spouse's earnings are not subject to collection, and the funds in a community bank account that can be traced to the new spouse's earnings are also exempt. The obligor's earnings and accumulations are subject to collection, as is that parent's share in the community personal and real property. RCW 26.16.200; see Porter v. Porter, 107 Wn.2d 43, 52-53, 726 P.2d 459 (1986). "Accumulations" means property similar to earnings, such as retirement benefits, a disability pension, or compensation for diminished earnings capacity. See Casa del Rey v. Hart, 46 Wn. App. 809, 814, 732 P.2d 1025 (1987), aff'd, 110 Wn.2d 65, 750 P.2d 261 (1988). Although it is necessary to reduce most separate debts to judgment within three years of the marriage of the debtor, a child support debt is expressly exempted from this requirement. RCW 26.16.200. See Chapters 41 (Debts) and 68 (Post-Decree Transfers of Property and Enforcement) of this deskbook.

[2] Judgments, Interest, and the Statute of Limitations

The rights and liabilities of the parties become fixed as to each installment of child support when it becomes due. St. Germain v. St. Germain, 22 Wn.2d 744, 157 P.2d 981 (1945). Each monthly installment of support when unpaid becomes a separate judgment and bears interest from the due date. Payments are...