§28.10 Private Collection of Support

• Jurisdiction: Washington

§ 28.10 PRIVATE COLLECTION OF SUPPORT

The remedies most likely to be used by private practitioners are attachments against earnings and contempt. For a discussion of other remedies against property, see Chapter 68 (Post-Decree Transfers of Property and Enforcement) of this deskbook.

[1] Earnings

The best source for collection of child support is the obligor's earnings. Although federal law allows a greater percentage of earnings to be attached for child support, 15 U.S.C. §§ 1671-1677, Washington law limits collection against wages in support cases to a maximum of 50 percent.

To attach earnings, private practitioners can use the garnishment procedures in Chapter 6.27 RCW or the mandatory wage assignment provisions in Chapter 26.18 RCW. The mandatory wage assignment procedure is superior.

The mandatory wage assignment in Chapter 26.18 RCW is an amalgam of traditional garnishment and DCS's order to withhold and deliver procedures. Initiated through a procedure similar to garnishment, the mandatory wage assignment can be sought before a delinquency occurs if the support order allows immediate wage withholding, or more than 15 days after support is past due in an amount equal to or greater than the obligation payable for one month. RCW 26.18.070(1). The wage assignment has priority over non-child support attachments, RCW 26.18.110(5), but does not have priority over DCS's order to withhold and deliver or its income withholding order. Id.; RCW 26.23.060(4). The assignment is continuing in nature and remains binding on the employer for one year after the employment has ended. RCW 26.18.110(3)(b). The procedures are set forth in detail in...