Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.

RCW 26.09.138
Mandatory assignment of public retirement benefits—Remedies exclusive.

(1) Any obligee of a court order or decree establishing a spousal maintenance obligation may seek a mandatory benefits assignment order under chapter 41.50 RCW if any spousal maintenance payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars, or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems.
(2) Any court order or decree establishing a spousal maintenance obligation may state that, if any spousal maintenance payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars, or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order under chapter 41.50 RCW without prior notice to the obligor. Any such court order or decree may also, or in the alternative, contain a provision that would allow the department to make a direct payment of all or part of a withdrawal of accumulated contributions pursuant to RCW 41.50.550(3). Failure to include this provision does not affect the validity of the court order or decree establishing the spousal maintenance, nor does such failure affect the general applicability of RCW 41.50.500 through 41.50.650 to such obligations.
(3) The remedies in RCW 41.50.530 through 41.50.630 are the exclusive provisions of law enforceable against the department of retirement systems in connection with any action for enforcement of a spousal maintenance obligation ordered pursuant to a divorce, dissolution, or legal separation, and no other remedy ordered by a court under this chapter shall be enforceable against the department of retirement systems for collection of spousal maintenance.
(4)(a) Nothing in this section regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an ex spouse to receive direct payment of retirement benefits payable pursuant to: (i) A court decree of dissolution or legal separation; or (ii) any court order or court-approved property settlement agreement; or (iii) incident to any court decree of dissolution or legal separation, if such dissolution orders fully comply with RCW 41.50.670 and 41.50.700, or as applicable, RCW 2.10.180, 2.12.090, * 41.04.310, 41.04.320, 41.04.330, ** 41.26.180, 41.32.052, 41.40.052, or 43.43.310 as those statutes existed before July 1, 1987, and as those statutes exist on and after July 28, 1991.
(b) Persons whose dissolution orders as defined in RCW 41.50.500(3) were entered between July 1, 1987, and July 28, 1991, shall be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if the dissolution orders filed with the department comply or are amended to comply with RCW 41.50.670 through 41.50.720 and, as applicable, RCW 2.10.180, 2.12.090, ** 41.26.180, 41.32.052, 41.40.052, or 43.43.310.

[ 1991 c 365 § 24; 1987 c 326 § 26.]
NOTES:

Reviser's note: *(1) RCW 41.04.310, 41.04.320, and 41.04.330 were repealed by 1987 c 326 § 21, effective July 1, 1987.
**(2) RCW 41.26.180 was recodified as RCW 41.26.053 pursuant to 1994 c 298 § 5.


Severability—1991 c 365: See note following RCW 41.50.500.


Effective date—1987 c 326: See RCW 41.50.901.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.09 - Dissolution Proceedings—Legal Separation.

26.09.002 - Policy.

26.09.003 - Policy—Intent—Findings.

26.09.004 - Definitions.

26.09.006 - Mandatory use of approved forms.

26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.

26.09.013 - Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitatio...

26.09.015 - Mediation proceedings.

26.09.016 - Mediation in cases involving domestic violence or child abuse.

26.09.020 - Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.

26.09.030 - Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.

26.09.040 - Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.

26.09.050 - Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.

26.09.060 - Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice.

26.09.070 - Separation contracts.

26.09.080 - Disposition of property and liabilities—Factors.

26.09.090 - Maintenance orders for either spouse or either domestic partner—Factors.

26.09.100 - Child support—Apportionment of expense—Periodic adjustments or modifications.

26.09.105 - Child support—Medical support—Conditions.

26.09.110 - Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.

26.09.120 - Support or maintenance payments—To whom paid.

26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.

26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.

26.09.140 - Payment of costs, attorneys' fees, etc.

26.09.150 - Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.

26.09.160 - Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties.

26.09.165 - Court orders—Required language.

26.09.170 - Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds.

26.09.175 - Modification of order of child support.

26.09.181 - Procedure for determining permanent parenting plan.

26.09.182 - Permanent parenting plan—Determination of relevant information.

26.09.184 - Permanent parenting plan.

26.09.187 - Criteria for establishing permanent parenting plan.

26.09.191 - Restrictions in temporary or permanent parenting plans.

26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.

26.09.197 - Issuance of temporary parenting plan—Criteria.

26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.

26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.

26.09.225 - Access to child's education and health care records.

26.09.231 - Residential time summary report.

26.09.255 - Remedies when a child is taken, enticed, or concealed.

26.09.260 - Modification of parenting plan or custody decree.

26.09.270 - Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.

26.09.280 - Parenting plan or child support modification or enforcement—Venue.

26.09.285 - Designation of custody for the purpose of other state and federal statutes.

26.09.290 - Final decree of dissolution nunc pro tunc.

26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

26.09.310 - Provision of health care to minor—Immunity of health care provider.

26.09.315 - Child custody issues—Abduction by parent—Information.

26.09.320 - Child support—Procedures for abatement based on incarceration—Rebuttable presumption of inability to pay—Reinstatement of support obligation.

26.09.325 - Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.

26.09.330 - Child support—Department duties when order contains abatement language and obligated person is incarcerated—Procedures.

26.09.335 - Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.

26.09.340 - Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.

26.09.405 - Applicability.

26.09.410 - Definitions.

26.09.420 - Grant of authority.

26.09.430 - Notice requirement.

26.09.440 - Notice—Contents and delivery.

26.09.450 - Notice—Relocation within the same school district.

26.09.460 - Limitation of notices.

26.09.470 - Failure to give notice.

26.09.480 - Objection to relocation or proposed revised residential schedule.

26.09.490 - Required provision in residential orders.

26.09.500 - Failure to object.

26.09.510 - Temporary orders.

26.09.520 - Basis for determination.

26.09.525 - Substantially equal residential time.

26.09.530 - Factor not to be considered.

26.09.540 - Objections by nonparents.

26.09.550 - Sanctions.

26.09.560 - Priority for hearing.

26.09.900 - Construction—Pending divorce actions.

26.09.901 - Conversion of pending action to dissolution proceeding.

26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.

26.09.907 - Construction—Pending actions as of January 1, 1988.

26.09.909 - Decrees entered into prior to January 1, 1988.

26.09.910 - Short title—1987 c 460.

26.09.911 - Section captions—1987 c 460.

26.09.912 - Effective date—1987 c 460.

26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

26.09.916 - Rule-making authority—2020 c 227.