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Washington State Profile

Updated on 21 Feb 2007
Certified on 26 Sep 2007

A. General/State-At-A-Glance

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A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated.
A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 10 Field Offices
A3. With what types of agencies do you have cooperative agreements? 35 local county prosecuting attorneys for representation in superior courts; attorney general representation in counties not handled by local prosecutors.
A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? No
A4.1. If so, what is the statutory citation? N/A
A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No
A4.3. If so, please explain. N/A

B. UIFSA

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B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 5/12/1993
B2. What is the effective date of your State's Act? 7/1/1994
B3. What is the statutory citation for your State's Act? RCW 26.21A
For Additional Information - Click Here
B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? 2001
B4.1. If your state has implemented the 2001 version, when was it implemented? 1/1/07
B5. Optional comments regarding your State's UIFSA Act.  

C. Reciprocity

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C1. With what foreign countries does your State reciprocate? CANADA: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Nova Scotia, Ontario, Northwest Territories, Nunavut UNITED KINGDOM: England, Wales, Scotland, No. Ireland EUROPE: Austria, Czech Republic, Germany, Hungary, Norway, Poland, Slovak Republic, OTHER: Australia, Fiji, Guam
C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? No
C1.2. If yes, please explain.  
C2. Has your State established reciprocity with any tribal courts? Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services. Colville Confederated Tribes of Washington, Lower Elwha, The Tulalip Tribes, Nisqually Tribe, Swinomish Resolution, Nez Pierce

D. Age of Majority

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D1. What is the age of majority in your State? 18
D2. What is the statutory cite for the age of majority? RCW 26.28.010
For Additional Information - Click Here
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18, unless administrative order and child is full- time student expected to graduate before age 19.
D4. Does the date of the order impact what law is applied? No
D4.1. If so, please explain.  
D5. Does child support end if the child leaves the household but does not emancipate? No
D5.1. Optional comments regarding emancipation. Unless the child goes to live in the NCP's household.
D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes
D6.1. If so, please explain. Court may extend support in special cases or order post-secondary support.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?  
D7.1. If yes, please describe the procedure.  

E. Statute of Limitations

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E1. What is your State's statute of limitations for collection of past due support? 10 years after emancipation of youngest child for orders entered after 7/22/89; 10 years after a payment becomes delinquent for orders entered before 7/23/89.
E2. What is your State's statute of limitations for paternity establishment? Age of majority of child. (18 years old)
E3. Is dormancy revival/renewal possible? No
E3.1. Please explain the circumstances when possible, and the length of time possible.  

F. Support Details

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F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Income shares.
F2. Does your State charge interest on missed arrears? No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.  
F3. Does your State charge interest on retroactive support? Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions. Only if reduced to or included in judgement.
F4. Does your State charge interest on adjudicated arrears? Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions. Only if reduced to judgement.
F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes
F5.1. If so, under what circumstances? Must be reduced to judgement.
F6. Have you elected to recover costs or charge fees in your State Plan? No
F6.1. If yes, what costs are recovered from/fees charged to the obligee?  
F6.2. What costs are recovered from/fees charged to the obligor?  
F7. Does your State recover costs on behalf of the initiating State? Yes
F7.1. Optional comments regarding recovering of initiating State's fees. Birth costs (non-assistance only) and genetic test costs, but not court costs.
F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. RCW 4.28.185, 26.26.080, 26.21.075 (UIFSA)
For Additional Information - Click Here
F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes
F9.1. If yes, under what circumstances? Establish - no; Enforce - yes, if there is also a child support obligation; modify - no.
F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? Yes
F10.1. Optional comments regarding required information on spouse or partner.  

G. Income Withholding

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G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Order/Notice to Wtihhold Income (OWI)
G2. What specific source of income is not subject to withholding? TANF, SSI, VA disability, work release earnings from state,federal work-study grants, non-obligated spouse.
For Additional Information - Click Here
G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes
G3.1. If yes, what are those limits? 50% of disposable income.
G4. What is the allowable fee per pay period for processing income withholding payments? $10 set up fee, $1 per-payment fee.
G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Immediately.
G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 7 days.
G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Notice of noncompliance with administrative hearing rights.
G8. What is the penalty to an employer for failure to remit payments withheld? Liability for the lesser of the amount that should have been withheld or the total debt, also $100 fine.
G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? No
G9.1. Optional comments regarding direct withholding of UI benefits across State lines.  
G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? No
G10.1. Optional comments regarding direct withholding of WC benefits across State lines.  
G11. How does an obligor contest income withholding in your State? Conference board request.
G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Policy under development.
G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes
G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.  
For Additional Information - No Link Provided
G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?  
G14. When does your state require the employer to send notice of an employee's termination?  
G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?  
G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?  
G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?  
G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Direct income withholding may be sent to any employer within the state, including all state agencies other than Labor and Industries.
G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Employers to withhold up to maximum allowable by law, 50% of income after mandatory deductions. The money received will be applied to child support first, then to medical.

H. Paternity

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H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes
H1.1. If yes, please explain. Subject to court's jurisdiction.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 98%
H3. Optional comments regarding paternity acknowledgment conclusive legislation.  
H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 7/27/1997
H4.1. Were acknowledgments prior to that effective date rebuttable? Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.  
H5. Does marriage constitute a rebuttable presumption of paternity? Yes
H5.1. How is the presumption rebutted? Genetic testing,court order, filed paternity acknowledgement and presumed fathers denial of paternity.
H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No
H6.1. If not, briefly explain. Does not create presumption of paternity by itself.
H7. Does your State have any other paternity-related presumptions? Yes
H7.1. If yes, briefly explain. 7 other presumptions in RCW 26.26.040 (Uniform Parentage Act)
H8. Does your State have a putative fathers' registry? No
H8.1. If so, what is the name of that entity?  
H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes
H9.1. Please describe any circumstances under which these fees may be waived. None.
H10. Is common law marriage recognized in your State? No
H10.1. If yes, briefly describe the standard that defines common law marriage.  
H10.2. When did your current common law standard go into effect?  
H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?  
H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Written, other per UIFSA
H12. Please give the cite for your State's long arm statute and list any special provisions. RCW 4.28.185
For Additional Information - Click Here
H13. Does your State recover genetic testing costs for other States? Yes
H13.1. If so, please explain. If requested.
H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? A father's name may be placed on a birth certificate by use of the paternity affidavit or by court order.
H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?  
H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?  

I. Support Order Establishment

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I1. Does your State use an administrative or a judicial process to establish a support obligation? Both
I1.1. If your State can establish under both, under what circumstances would the administrative process be used? Administrative process - if no court order specifically establishes or relieves parent of support obligation
I1.2. Under what circumstances would the judicial process be used? Judicial process - anytime.
I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. RCW 74.20A.055
For Additional Information - Click Here
I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Any other household income.
I3. What criteria for rebutting your presumptive guidelines have been established in your State? See RCW 26.19.075 "Standards of Deviation from the Standard Calculation".
I4. Will your State establish support orders for prior periods? Yes
I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? From date assistance paid or application for services filed with initiating state.
I4.2. What information or documentation does your State require to proceed? Copy of assignment or application for services.
I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes
I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. 5 year limitation if paternity hasn't been established.
I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? The administrative process is used to - establish child support and medical, modify an administrative order, and to enforce an administrative or court order. The administrative cannot be used to establish paternity.
I6. What is your State's statutory authority for the administrative process? RCW 74.20A and RCW 74.20
For Additional Information - No Link Provided
I7. Is there a local State law that allows the interstate administrative subpoena? No
I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?  
I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?  
I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?  
I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action?  

J. Support Enforcement

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J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?  
J1.1. Are your State income tax refund procedures judicial, administrative, or both? N/A
J2. Is the lien process in your State judicial, administrative or both? Administrative. IV-D agencies may find the proper county and file directly using Washington's Internet Lien Page.
J2.1. What are the trigger criteria for filing a lien? Any arrearage $500 or more.
J2.2. Where is your State liens filed? County
J2.3. Does your State charge a fee for filing a lien? Yes
J2.4. If so, please indicate the amount. Fees none. Central Registry -$8 - 1st page filed in County + $1 additional page.
J.3. Does your State enforce property seizure and sale? Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Administrative. Vehicles, motorcycles, RVs, boats, airplanes only.
J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative.
J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? IV-D agency must send notice if order does not contain language that enforcement action will be taken without further notice. Once notice is served, IV-D agency may take any enforcement action without notice.
J4.2. Does your State's income withholding definition include amounts in financial institutions? No
J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes
J4.3.1 If so, who notifies the NCP, the State or Financial Institution? The state.
J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Simultaneously.
J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount. No specified number of months delinquent. Payment plan accounts, trust accounts and tribal cases are exempted.
J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?  
J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? 20 days.
J5.3. 1. If yes, please provide the time frame.  
J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?  
J5.4.1. If yes, please provide the percentage.  
J5.4.2 . Is the percentage different for joint accounts?  
J5.4.3. If yes, please provide the amount.  
J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount.  
J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?  
J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?  
J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action?  
J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action?  
J5.10. Is your State's complaint review process judicial, administrative or both? Administrative.
J5.11. What are your State's penalties for incorrect seizures? None.
J5.12. Is the second challenge administrative, judicial or both?  
J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 20 days. No unique requirements. Non-debtor has appeal.
J5.14. Is the Freeze and Seize operation in your state centralized or automated? Not centralized. Semi-automated.
J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None.
J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?  
J5.16.1. If yes, what is the amount?  
J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?  
J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets.  
J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period?  
J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency?  
J5.19.1 . If yes, please define.  
J6. Does your state withhold state funds or benefits? Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Administrative. Workers compensation, unemployment compensation, lottery prizes.
J7. Please describe any other administrative enforcement procedures your state may have. Any settlements or payments to NCP
J8. Please describe any other judicial enforcement procedures your state may have.  
J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? Please refer to the specific requirements outlined on our website at http://www.dshs.wa.gov/dcs/interstate/
For Additional Information - Click Here
J10. Which of our state's enforcement remedies are available without registration? All.
J11. Describe your state's registration and enforcement procedures. Notice of registration sent to NCP with administrative hearing rights, all enforcement methods available.
J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None required.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes
J13.1. If yes, please provide the statutory citation. RCW 6.36
For Additional Information - Click Here
J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? No
J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #1, name and address of the financial institution, name of the custodial parent, verification of the debt, and payment history.
J15. Does your state use credit bureau reporting as an enforcement method?  
J16. Provide which credit bureaus your state report an obligor's child support information?  
J17. Is the method for credit bureau reporting judicial, administrative or both?  
J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both?  
J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus?  

K. Modification and Review/Adjustment

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K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years.
K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Automatically in TANF cases, on request of CP or NCP in non TANF cases.
K3. Briefly describe your State's modification procedure. Existing orders compared to current child support guidelines.
K4. What are your criteria for modification (e.g., $50 or 20% from present order)? $100 and 25%, $2400 over life of order.
K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?  
K5.1. The earnings of the obligor have substantially increased or decreased. No
K5.2. The earnings of the obligee have substantially increased or decreased. No
K5.3. The needs of a party or the child(ren) have substantially increased or decreased. No
K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No
K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. No
K5.6. There has been a substantial change in child care expenses. Yes
K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? Not established by statute or administrative rule.
K6. Does your State have cost of living adjustments (COLAs)? No
K6.1. If so, what index does your State use?  
K7. How does your state credit SSA disability to current and past due support? SSA dependent benefits are credited dollar for dollar against the child support obligation as of 7/1/1990.
K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.  
K8.1. If so, please explain the situation? case by case determination
K8.2. What is the statutory cite for your abatement law? There is none, it is based on case law.
For Additional Information - No Link Provided
K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. All referrals for modification should be through UIFSA. Requests for review should be accompanied by a copy of the support order and income information.
K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Birth Certificates - The Center for Health Statistics, PO Box 9709, Olympia, WA 98507-9709, the fee is $17. Paternity Affidavits - The Center for Health Statistics, Attn: Ray Moffatt, Jr., PO Box 47814, Olympia, WA 98504-7814, the fee is $32.
K9. What information is required to register an out-of-state order for enforcement/modification? Transmittal #1, uniform support petition, general testimony, 2 copies of the support order to be modified (one of which is certified), copies of all the underlying orders, addresses for both parties, and income information.

L. Lump Sum Payments

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L1. Does your state define a lump sum payment? No
L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A
L1.2 Provide the statutory citation.  
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments? No
L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A
L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A
L4. How are employers instructed to report a pending lump sum? N/A
L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. When an employer discloses they will be paying a lump sum, the child support agency asks for the distribution date and works within the parameters set by the employer.
L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Employers do not "hold" lump sums or release them to the custodial parent. Time frames for remitting the payments to the IVD agency apply when the child support agency has issued with withholding notice.
L7. Does your state use the income withholding order to attach the lump sum payment? Yes
L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? The withholding order is usually sent specifically to cover the lump sum.
L8. Does your state use the lien/levy process to attach the lump sum payment? Yes
L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? Lien on the specific property, followed by an Order to Withhold and Deliver Property and Accounts.
L9. What other documents does your state use to attach lump sum payments? N/A
L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?  
L10.1 If yes, what are those limits? Washington has a state imposed 50% limit on withholding earnings. The definition of earnings is broad enough to cover lump sum payments.
For Additional Information - Click Here
L10.2 If no, what percentage is the employer required to withhold? 50%
L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No
L11.1 If yes, would the employer only withhold for that period's obligation? The employer withholds according to the terms of the withholding order which generally provides for a monthly withholding amount. See L7
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