Washington Code 9.94A.7703 – Legal financial obligations — Wage assignments — Amounts to be withheld
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(1) The wage assignment order in RCW 9.94A.7702 shall include: (a) The maximum amount or current amount owed on a court-ordered legal financial obligation, if any, to be withheld from the defendant‘s earnings each month, or from each earnings disbursement; and (b) the total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.
Terms Used In Washington Code 9.94A.7703
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. See Washington Code 9.94A.7601
- earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, hours, or otherwise, and notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy court-ordered legal financial obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type. See Washington Code 9.94A.7601
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- obligee: means the department, party, or entity to whom the legal financial obligation is owed, or the department, party, or entity to whom the right to receive or collect support has been assigned. See Washington Code 9.94A.7601
- Statute: A law passed by a legislature.
(2) The total amount to be withheld from the defendant’s earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the defendant. If the amounts to be paid toward the arrearage are specified in the payment order, then the maximum amount to be withheld is the sum of the current amount owed and the amount ordered to be paid toward the arrearage, or twenty-five percent of the disposable earnings of the defendant, whichever is less.
(3) If the defendant is subject to two or more attachments for payment of a court-ordered legal financial obligation on account of different obligees, the employer shall, if the nonexempt portion of the defendant’s earnings is not sufficient to respond fully to all the attachments, apportion the defendant’s nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the defendant’s nonexempt disposable earnings upon notice to all interested parties. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.
[ 1989 c 252 § 11. Formerly RCW 9.94A.2003.]
NOTES:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.