Proposed Family Law Legislation (01/30/09)

H.B.	Description
1148	Protect Animals From DV Perpetrators
1170	Parenting Plan Modification Based Upon Military Service
1182	Abduction Prevention Orders
1183	Representation of Children in Dependency Proceedings
1607	Grandparent Visitation
1616	Domestic Partnership Benefits
1727	Expanding Domestic Partner Rights & Responsibilities
1771	Child Support: License Suspension
1790	Notifying DV Witness & Victims
S.B.	Description
5013	Amends RCW 28.16 To Increase Clerk Fees
5115	Increasing Membership of Judicial Conduct Commission
5166	Child Support: License Suspension
5285	Appointment of Guardian Ad Litems
5342	Designation of Parenting Plan residential time
5453	Defining “principal residence” for relocation purposes
5477	Grandparent Visitation
5612	Medical Support obligations
5674	Civil Marriage Equality
5688	Expanding Domestic Partner Rights & Responsibilities

Grandparent Visitation

The legislative session began January 12th in Olympia. Included in the proposed bills are two - one in the House and one in the Senate - dealing with grandparent visitation. The House proposal , HB 1607, is sponsored by 12 representatives. The Senate version, SB 5477, has 11 sponsors. Both proposals seek to correct constitutional deficiencies in the current visitation statute noted by the Washington State Supreme Court and "provide a viable means for grandparents to petition for visitation with their grandchildren." The proposals would amend existing statutes and include stringent criteria that must be met before visitation could be granted. A primary requirement of any petition would be a "significant relationship" with a grandchild.

Pension Benefits

Pension Benefits Following "Quasi-Marital" Relationship
Owens v. Automotive Machinists Pension Trust

Norma and Phillip Owens lived together for 30 years before splitting up in 2004. The next year Norma obtained a state court's Qualified Domestic Relations Order (QDRO) awarding her 50% of Phillip's pension with the Automotive Machinists Pension Trust. The Trust, however, refused to recognize the validity of the QDRO, which began a four year odyssey through the federal court system. On January 12, 2009, the 9th Circuit Court of Appeals rendered it's opinion, with the two judge marjority stating in part:

We agree with the Washington Federal District Court that, because Norma and Phillip lived together in a quasi-marital relationship for more than thirty years, the Superior Court’s
Order does in fact relate to “marital property rights,” that Norma is an “Alternate Payee” under 29 U.S.C. § 1056(d)(3)(B)(i)(I), and that the Superior Court’s Order therefore qualifies as a valid Qualified Domestic Relations Order. We therefore AFFIRM the Federal District Court’s denial of Automotive Trust’s Motion for Reconsideration.

Importantly, the Court of Appeals determined that Norma had accrued "marital rights" under Washington law during her extended "quasi-marital" relationship. The Court also determined that she was properly designated as an "alternate payee", thus meeting the second requirement for a valid QDRO.

Norma was represented by Seattle attorney Harry Reichenberg.

Domestic Violence Report & Recommendations

Washington State Domestic Violence
Fatality Review— Now That We Know
December 2008.

430 fatalities occurred in Washington State between January 1, 1997 and June 30, 2008, all victims of domestic violence. That sobering statistic prefaces the prodigious report published by the Washington State Coalition Against Domestic Violence. The DVFR identifies each victim of domestic violence in Washington State for a two year period ending June 30, 2008. It is a sobering chronicle of lives lost. Complete with extensive findings and numerous recommendations, the DVFR is a must read for everyone, especially those who most able to effect change, e.g. service providers, community organizations, employers, attorneys, judges, law enforcement, prosecutors, and elected officials at all levels.

Quoting the DVFR,

“To know is not enough. We will end the violence not just by understanding the experiences of victims, but by letting that understanding transform our work and our lives. When our knowledge is met with compassion for victims’ lives and a powerful sense of our collective responsibility, we can transform the conditions that allow abuse to thrive. We no longer wonder whether people close to us are affected by domestic violence. We know that they are. Now that we know, how will our work be different? What will this workplace, this neighborhood, this clinic look like now that we know there are people here every day who are being terrorized in their homes? Now that we know someone we care about is hurting someone they love? Now that we know that each interaction we have today may be with a person struggling to survive, break free, or remain whole? Now that we know, how will we make our knowing matter?”

A New Year

Historically a busy month for family law, this January promises even more activity as the State and local counties grapple with budget deficits. Parties and practitioners can expect expanded user fees. In King County new fees and procedures take effect today. Other Superior Courts can't be far behind.

In Olympia where the legislative session commences January 12, a flurry of legislative proposals affecting family law are expected. Already filed is SB 5013 which would authorize local Superior Court Clerks to raise fees.

On the judicial front, the December 29th Division One opinion in Krieger v. Walker, dealing with setting support when combined net monthly incomes exceed $7000, held that there is no authority that requires a showing of extraordinary need to award support above the advisory amount.

If you're interested in reading more about child support in Washington and possible future changes, take a look at the December 2008 Final Report of the Washington State Child Support Workgroup This report with its series of recommendations will undoubtedly influence legislators as they decide whether to amend existing standards and procedures.

More information about these and other topics is available by subscribing to one or both of the Washington Family Law Reporter and the WFLR Update.