2154-S AMH .... H2560.2

 

 

 

SHB 2154 - H AMD 311 Withdrawn 3-20-91

By Representatives Spanel, Applewick, Forner and Belcher

 

                                                                                    

 

     On page 2, line 24, after "circumstances." insert "The remarriage of the party receiving maintenance may be, but is not necessarily, considered to be such a change."

 

 

 

SHB 2154 - H AMD

By Representative

 

                                                                                    

 

     On page 3, beginning on line 3, after "either party" strike "or the remarriage of the party receiving maintenance" and insert "((or the remarriage of the party receiving maintenance))"


 

 

 

SHB 2154 - H AMD

By Representative

 

                                                                                    

 

     On page 6, after line 10, insert the following:

 

     "Sec. 5.  RCW 26.09.080 and 1989 c 375 s 5 are each amended to read as follows:

     In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

     (1) The nature and extent of the community property;

     (2) The nature and extent of the separate property;

     (3) The duration of the marriage; ((and))

     (4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time; and

     (5) The past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse that was enhanced, diminished, or foregone during marriage."

 

     "Sec. 6.  RCW 26.09.090 and 1989 c 375 s 6 are each amended to read as follows:

     (((1))) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse.  The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

     (((a))) (1) The financial resources of the party seeking maintenance, including separate or community property apportioned to ((him)) the party, and ((his)) the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

     (((b))) (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;

     (((c))) (3) The standard of living established during the marriage;

     (((d))) (4) The duration of the marriage;

     (((e))) (5) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; ((and

     (f))) (6) Past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse that was enhanced, diminished, or foregone during marriage;

     (7) The standard of living each spouse will experience after dissolution of the marriage; and

     (8) The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance."

 

 

 

SHB 2154 - H AMD

By Representative

 

                                                                                    

 

     On page 1, line 2 of the title, after "26.09.225," strike "and" and after "26.09.280" insert ", 26.09.080, and 26.09.090"