About Child Support

Jim Moeller, representing Washington's 49th District, which encompasses the Vancouver area, has filed advance bill HB 1027.   Titled "An Act Relating to implementing changes to child support based on the child support schedule work group report" perhaps this bill will fare better than last session's attempt.

Speaking of child support, presently RCW 19.071(5) allows for a deduction of up to $5,000 annually in the support worksheets for voluntary retirement contributions actually made.    The specific wording is as follows:

Determination of net income:  The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income:  federal and state income taxes (see the following paragraph); federal insurance contributions act deductions (FICA); mandatory pension plan payments; mandatory union or professional dues; state industrial insurance premiums; court-ordered maintenance to the extent actually paid; up to five thousand dollars per year in voluntary  retirement contributions actually made if the contributions show a pattern of contributions during the one-year period preceding the action establishing the child support order unless there is a determination that the contributions were made for the purpose of reducing child support; and normal business expenses and self-employment taxes for self-employed persons.  Justification shall be required for any business expense deduction about which there is a disagreement.  Items deducted from gross income shall not be a reason to deviate from the standard calculation.  RCW 26.19.071(5).

This $5,000 corresponds with the annual IRS allowance.    Beginning in 2013, however, the IRS amount is raised to $5,500.  http://www.irs.gov/uac/2013-Pension-Plan-Limitations   It'll be interesting to see if the RCW keeps pace.

Referendum No. 74

Referendum No. 74

Same-Sex Marriage

• Approved:1,600,308  (53.35%).  Rejected: 1,399,364 (46.65%).   Counties Approving: 9 (Whatcom, Snohomish, King, Island, San Juan, Jefferson, Kitsap, Thurston, Whitman).   Counties Rejecting: 30.    

•  Widest Margins:   Adams (71.83% rejected) vs. San Juan (70.17% approved)

• First date to apply for marriage: 12/6/12

• Law phases out domestic partnerships, except for senior couples age 62 or over

• DOMA (presently) prohibits federal recognition

By The Numbers

The 2011 US Census Bureau Report contains interesting information and statistics regarding divorce and family households in America.   The following are some highlights. 

Divorce Rates Highest in the South, Lowest in the Northeast, Census Bureau Reports   (Press Release)

·         “National rates of marriage in the past 12 months were 19.1 for men and 17.6 for women. There were 3.5 instances of widowhood for men and 7.8 for women, per every 1,000 people.

·         Children living with a parent who divorced in 2009 were more likely to live in a household headed by their mother (75 percent) than in a household headed by their father (25 percent). Additionally, children living with a parent who divorced in 2009 were more likely to be in a household below the poverty level (28 percent) compared with other children (19 percent), and they were more likely to live in a rented home (53 percent) compared with other children (36 percent).

·         The economic well-being of those who experienced a recent marital event differed. Women who divorced in the past 12 months were more likely to receive public assistance than recently divorced men (23 percent and 15 percent).Women who divorced in the past 12 months reported less household income than recently divorced men. For example, 27 percent of women who divorced in the past 12 months had less than $25,000 in annual household income compared with 17 percent of recently divorced men. Similarly, women who divorced in the past 12 months were more likely than recently divorced men to be in poverty (22 percent compared with 11 percent).

·         Women who divorced in the past 12 months were more likely to be living in a multigenerational household -- 11 percent of such women, compared with 5 percent of men.

·         Thirteen states had median durations for second marriages for women below the U.S. median of 14.5 years. This included six states in the Northeast (Connecticut, Massachusetts, New Jersey, New York, Rhode Island and Vermont) ranging from 13.1 to 13.6 years.

·         Among those widowed in the last year, 77 percent of men and 73 percent of women were white alone, non-Hispanic.”  

2011 AmericanCommunity Survey
Excerpts from United States Census Bureau

Marital Status:   Males (over age 25): 50% are married and 9.7% are divorced with age 55-64 largest category of divorced males @ 16.4%.   Females (over age 25): 46.6% are married and 12.2% are divorced with age 55-64 largest category of divorced females @ 20%.   Divorce By Ethnicity: American Indian & Alaska Native (13%), Black or African American (12%), White (11.4%), Hispanic or Latino (8.3%), Asian (5%).  

Children (under 18) in Household:  
Under 6:  Married couple household (32.9%), male householder/no wife (34.8%), female householder/no husband (32%).  
6-11 years: Married couple household (33.7%), male householder/no wife (31.5%), female householder/no husband (33.1%).  
12-17 years: Married couple household (33.3%), male householder/no wife (33.7%), female householder/no husband (34.9%).  

Presence of unmarried partner of householder present:  male householder (40.9%), female householder (15.3%).  

Committed Intimate Relationship

A "Committed Intimate Relationship" is a moniker given by the Washington courts to a "stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist."    Five factors are relevant:  (1) continuous cohabitation, (2) duration of the relationship, (3) purpose of the relationship, (4) pooling resources and services for joint projects, and (5) the intent of the parties.    

According to the January-May 2012 Washington State Courts Report thirty-nine of the 17,456 domestic filings in Washington Superior Courts were "committed intimate relationship" cases: twenty-five in Western Washington and fourteen in Eastern Washington.   Two of filings went to trial:  one in Thurston County and the other in Snohomish County.

There have been four recent appellate opinions dealing with these type of cases.   They make for interesting reading, particularly if you're in such a relationship or contemplating one.   

•  Tatham v Rogers __WnApp __ (Div III, 8/14/12)  
  

  Committed Intimate Relationship, with a small town twist.

• Marriage of McCarthy __WnApp __ (Div III, 08/21/12, Unpublished)  
  Husband appeals property distribution after finding of committed intimate relationship.
• Finch v Weider__WnApp __ (Div I, 9/17/12).  
  Oral agreement rebuts property presumption in  committed intimate relationship.  
• Kelly v Moesslang__WnApp __ (Div III, 9/18/12)  
  Three year statute of limitation applies to suit alleging committed intimate relationship.