Thatcher v. Department of Social & Health Services

908 P.2d 920, 80 Wash. App. 319
CourtCourt of Appeals of Washington
DecidedDecember 27, 1995
DocketNo. 35363-2-I
StatusPublished
Cited by24 cases

This text of 908 P.2d 920 (Thatcher v. Department of Social & Health Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thatcher v. Department of Social & Health Services, 908 P.2d 920, 80 Wash. App. 319 (Wash. Ct. App. 1995).

Opinion

Baker, C.J.

Fred Thatcher appeals an administrative order finding that bank accounts seized under the child support enforcement statutes are not subject to an earnings exemption. He argues that one-half of the bank account funds held by the Department of Social and Health Services (DSHS), Office of Support Enforcement (OSE) is exempt from withholding as earnings under ROW 74.20A-.090. Thatcher also contends that the agency failed to notify him that the bank funds might qualify for the earnings exemption, violating his due process rights. We affirm and hold that the earnings exemption does not apply to bank accounts.

Facts

Thatcher and his present wife own and operate a small business. The Thatchers receive all of their income from the business. They are not salaried employees. Instead, they deposit a $900 draw into their personal account each month. They deposit the remaining income in a business account at another bank. In March 1993, OSE served each bank with an order to withhold and deliver the contents of the accounts. Thatcher filed timely requests for administrative hearings to determine the exemptions applicable to each account. The administrative law judge found that Thatcher’s spouse already recovered her marital half of the money as a nonobligated spouse, and that no other exemptions applied. The judge dismissed Thatcher’s request for a hearing. Both the agency’s appellate office and the superior court affirmed the initial order and decision.

I

Thatcher argues that DSHS erroneously interpreted [321]*321and applied the earnings exemption statute1 to his seized accounts. Thatcher contends that because his marital half of the funds can be traced to earnings, the 50 percent earnings exemption in RCW 74.20A.090 applies. We find, however, that the earnings exemption applies only to funds still in an employer’s hands. Once funds enter the employee’s possession, they become former earnings, subject to complete seizure by the agency.

OSE may issue an order to withhold and deliver to any entity that holds property subject to a child support judgment.2 34The support enforcement statute provides an exemption for 50 percent of "earnings” withheld under an order to withhold and deliver.3 The exemption provision defines "earnings” as

compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise. . . . Earnings shall specifically include all gain derived from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.

Thatcher maintains that language such as "compensation paid . . . for personal services” and "all gain derived from . . . labor” encompasses bank funds traceable to earnings. Nevertheless, other clauses negate Thatcher’s interpretation. For example, the language refers to earnings as funds that are "paid, or to be paid weekly, monthly, or at other intervals[.]”5 The provision also mandates that orders to withhold earnings will continue against each periodic payment until the debt is satisfied. The provision authorizing orders to withhold and deliver also distin[322]*322guishes between bank funds and earnings.6 For example, RCW 74.20A.080(4)(a)(ii) commands entities possessing property to deliver it to DSHS within 20 days, while RCW 74.20A.080(4)(a)(iii) instructs those holding earnings to deliver the appropriate amount "at each succeeding disbursement interval ... on the date earnings are payable to the debtor[.]” The language of periodic payments does not suit funds on deposit in a bank. Nor do the words "paid or payable” or "paid or to be paid” necessarily imply that former earnings may be exempt. As we interpret it, the Legislature designed this language to embrace both presently paid earnings ("paid”) and future earnings ("payable”), so that a debtor may not try to evade payroll deduction by getting an advance on his or her paycheck.

Finally, the statute establishing the right to a hearing for bank account seizures indicates a legislative intent to distinguish between present and former earnings:

If the department initiates collection action under this chapter against a community bank account, the debtor or the debtor’s spouse . . . has a right to an adjudicative proceeding ... to establish that the funds in the account, or a portion of those funds, were the earnings of the nonobligated spouse, and are exempt . . .[7]

By its use of the past tense, the Legislature acknowledges the changed status of earnings once deposited into an account. Significantly, the statute also does not provide a hearing to determine whether the debtor’s former earnings are exempt.

DSHS urges this court to consider the state and federal garnishment statutes to help determine the legislative intent behind the earnings exemption statute. The use of analogous but unrelated statutes to determine [323]*323legislative intent is considered unreliable.8 Where the unrelated statute is patterned similarly, however, its construction may still be relevant.9 The two garnishment statutes contain closely structured language and provisions and therefore aid our analysis.

First, we note the Washington garnishment statute, which also provides a 50 percent exemption for earnings. The statute defines earnings as "compensation paid or payable to an individual for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.”10 The law specifically exempts bank account funds from garnishment only to the extent that they contain money from government benefits such as AFDC and Social Security.11 It is significant that in this closely analogous area, our Legislature chose not to extend the earnings exemption to bank accounts. The only possible explanation is that our Legislature believes that bank account funds can no longer constitute earnings.

Second, the federal Consumer Protection Act defines earnings as "compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise,” mirroring RCW 74.20A.090.12 Two cases under the Act hold that lump sum funds cannot qualify as earnings. First, the Ninth Circuit held that the Act protected periodic income needed to support the debtor and his family on a daily or monthly basis. The court distinguished bank accounts, stating that they have "neither an element of periodicity nor the critical rela[324]*324tionship to a person’s subsistence that a paycheck does.”13 Second, the United States Supreme Court held that the Act applied only to periodic payments and not to "every asset that is traceable in some way to . . .

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Bluebook (online)
908 P.2d 920, 80 Wash. App. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thatcher-v-department-of-social-health-services-washctapp-1995.