41.50.560 - Mandatory assignment of retirement benefits -- Petition for order.

Mandatory assignment of retirement benefits — Petition for order.

(1) A petition or motion seeking a mandatory benefits assignment order in an action under RCW 41.50.530 may be filed by an obligee if the obligor is more than fifteen days past due in spousal maintenance payments 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 petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the mandatory benefits assignment order, including:

     (a) That the obligor, stating his or her name, residence, and social security number, (i) is more than fifteen days past due in spousal maintenance payments and that the total of such past due payments is equal to or greater than one hundred dollars, or (ii) has requested a withdrawal of accumulated contributions from the department of retirement systems;

     (b) A description of the terms of the dissolution order requiring payment of spousal maintenance and the amount, if any, past due;

     (c) The name of the public retirement system or systems from which the obligor is currently receiving periodic retirement benefits or from which the obligor has requested a withdrawal of accumulated contributions; and

     (d) That notice has been provided to the obligor as required by RCW 41.50.540.

     (2) If the court in which a mandatory benefits assignment order is sought does not already have a copy of the dissolution order in the court file, then the obligee shall attach a copy of the dissolution order to the petition or motion seeking the mandatory benefits assignment order.

[1991 c 365 § 6; 1987 c 326 § 7.]

Notes: Severability -- 1991 c 365: See note following RCW 41.50.500.