(1) The secretary may assert a lien upon the real or personal property of a responsible parent:

Terms Used In Washington Code 74.20A.060

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the state department of social and health services. See Washington Code 74.20A.020
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal property: All property that is not real property.
  • Responsible parent: means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics. See Washington Code 74.20A.020
  • Secretary: means the secretary of the department of social and health services, the secretary's designee or authorized representative. See Washington Code 74.20A.020
  • State: means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Washington Code 74.20A.020
  • Support debt: means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74. See Washington Code 74.20A.020
(a) When a support payment is past due, if the parent’s support order contains notice that liens may be enforced against real and personal property, or notice that action may be taken under this chapter;
(b) Twenty-one days after service of a notice of support debt under RCW 74.20A.040;
(c) Twenty-one days after service of a notice and finding of financial responsibility under RCW 74.20A.055;
(d) Twenty-one days after service of a notice and finding of parental responsibility;
(e) Twenty-one days after service of a notice of support owed under RCW 26.23.110; or
(f) When appropriate under RCW 74.20A.270.
(2) The division of child support may use uniform interstate lien forms adopted by the United States department of health and human services to assert liens on a responsible parent’s real and personal property located in another state.
(3) The claim of the department for a support debt, not paid when due, shall be a lien against all property of the debtor with priority of a secured creditor. This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title. The lien shall attach to all real and personal property of the debtor on the date of filing of such statement with the county auditor of the county in which such property is located.
(4) Whenever a support lien has been filed and there is in the possession of any person, firm, corporation, association, political subdivision or department of the state having notice of said lien any property which may be subject to the support lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed, except as provided for by the exemptions contained in RCW 74.20A.090 and 74.20A.130, unless:
(a) A written release or waiver signed by the secretary has been delivered to said person, firm, corporation, association, political subdivision or department of the state; or
(b) A determination has been made in an adjudicative proceeding pursuant to RCW 74.20A.055 or by a superior court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied.

NOTES:

Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: “(1) Sections 9, 10, and 16 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1989].
(2) Section 39 of this act shall take effect July 1, 1990.” [ 1989 c 360 § 43.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
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