CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1652
Chapter 174, Laws of 2024
68th Legislature
2024 Regular Session
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES—CHILD SUPPORT PASS THROUGH
EFFECTIVE DATE: January 1, 2026
Passed by the House March 5, 2024 CERTIFICATE
Yeas 92 Nays 4
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
1652 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 29,
2024
Yeas 49 Nays 0 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 19, 2024 9:38 AM FILED
March 19, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
ENGROSSED SUBSTITUTE HOUSE BILL 1652
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Taylor, Couture, and Rule)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to child support pass through; amending RCW
2 26.23.035; adding a new section to chapter 74.08A RCW; creating a new
3 section; and providing an effective date.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 26.23.035 and 2020 c 349 s 1 are each amended to
6 read as follows:
7 (1) The department of social and health services shall adopt
8 rules for the distribution of support money collected by the division
9 of child support. These rules shall:
10 (a) Comply with Title IV-D of the federal social security act as
11 amended by the personal responsibility and work opportunity
12 reconciliation act of 1996 and the federal deficit reduction act of
13 2005;
14 (b) Direct the division of child support to distribute support
15 money within eight days of receipt, unless one of the following
16 circumstances, or similar circumstances specified in the rules,
17 prevents prompt distribution:
18 (i) The location of the custodial parent is unknown;
19 (ii) The support debt is in litigation;
20 (iii) The division of child support cannot identify the
21 responsible parent or the custodian;
p. 1 ESHB 1652.SL
1 (c) Provide for proportionate distribution of support payments if
2 the responsible parent owes a support obligation or a support debt
3 for two or more Title IV-D cases; and
4 (d) Authorize the distribution of support money, except money
5 collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to
6 the IV-D custodian before the debt owed to the state when the
7 custodian stops receiving a public assistance grant.
8 (2) The division of child support may distribute support payments
9 to the payee under the support order or to another person who has
10 lawful physical custody of the child or custody with the payee's
11 consent. The payee may file an application for an adjudicative
12 proceeding to challenge distribution to such other person. Prior to
13 distributing support payments to any person other than the payee, the
14 registry shall:
15 (a) Obtain a written statement from the child's physical
16 custodian, under penalty of perjury, that the custodian has lawful
17 custody of the child or custody with the payee's consent;
18 (b) Mail to the responsible parent and to the payee at the
19 payee's last known address a copy of the physical custodian's
20 statement and a notice which states that support payments will be
21 sent to the physical custodian; and
22 (c) File a copy of the notice with the clerk of the court that
23 entered the original support order.
24 (3) If the Washington state support registry distributes a
25 support payment to a person in error, the registry may obtain
26 restitution by means of a set-off against future payments received on
27 behalf of the person receiving the erroneous payment, or may act
28 according to RCW 74.20A.270 as deemed appropriate. Any set-off
29 against future support payments shall be limited to amounts collected
30 on the support debt and ((ten)) 10 percent of amounts collected as
31 current support.
32 (4) ((Effective February 1, 2021, consistent)) Consistent with 42
33 U.S.C. Sec. 657(a) as amended by section 7301(b)(7)(B) of the federal
34 deficit reduction act of 2005, the department shall pass through
35 ((child support that does not exceed fifty dollars per month
36 collected on behalf of a family, or in the case of a family that
37 includes two or more children an amount that is not more than one
38 hundred dollars per month)) to a family all amounts collected as
39 current child support each month on behalf of the family. The
40 department has rule-making authority to implement this subsection.
p. 2 ESHB 1652.SL
1 NEW SECTION. Sec. 2. A new section is added to chapter 74.08A
2 RCW to read as follows:
3 The department shall disregard and not count as income any amount
4 of current child support passed through to applicants or recipients
5 pursuant to RCW 26.23.035 in determining eligibility for and the
6 amount of temporary assistance for needy families or WorkFirst.
7 NEW SECTION. Sec. 3. If specific funding for the purposes of
8 this act, referencing this act by bill or chapter number, is not
9 provided by June 30, 2024, in the omnibus appropriations act, this
10 act is null and void.
11 NEW SECTION. Sec. 4. This act takes effect January 1, 2026.
Passed by the House March 5, 2024.
Passed by the Senate February 29, 2024.
Approved by the Governor March 19, 2024.
Filed in Office of Secretary of State March 19, 2024.
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p. 3 ESHB 1652.SL
Statutes affected: Original Bill: 26.23.035
Substitute Bill: 26.23.035
Engrossed Substitute: 26.23.035
Bill as Passed Legislature: 26.23.035
Session Law: 26.23.035