H-1080

AN ACT Relating to domestic relations; amending RCW 26.09.080, 26.09.090, and 26.09.170; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Often the most important aspect of marriage concerns changes in the earning capacity of one or both spouses. Homemaking and child rearing often result in foregone or diminished earning capacity for the spouse who performs these roles. The spouse who devotes time to homemaking and child rearing may also contribute to the enhanced earning capacity of the spouse who is freed of these responsibilities and is therefore able to devote more time to work outside the home. It is the intent of the legislature to give express recognition to these significant economic realities to ensure economically equitable results in the event of separation.

Sec. 2. 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. 3. 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.

Sec. 4. RCW 26.09.170 and 1990 1st ex.s. c 2 s 2 are each amended to read as follows:

(1) Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and, except as otherwise provided in subsections (4), (5), and (8) of this section, only upon a showing of a substantial change of circumstances. The remarriage of the party receiving maintenance may be, but is not necessarily, considered to be such a change. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

(2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party ((~~or the remarriage of the party receiving maintenance~~)).

(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child.

(4) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances:

(a) If the order in practice works a severe economic hardship on either party or the child;

(b) If a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child's age, and the child is no longer in the age category on which the current support amount was based;

(c) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or

(d) To add an automatic adjustment of support provision consistent with RCW 26.09.100.

(5) An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to:

(a) Require health insurance coverage for a child named therein; or

(b) Modify an existing order for health insurance coverage.

(6) An obligor's voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.

(7) The department of social and health services may file an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and the child support order is twenty-five percent or more below the appropriate child support amount set forth in the standard calculation as defined in section 4(2) of this act and reasons for the deviation are not set forth in the findings of fact or order. The determination of twenty-five percent or more shall be based on the current income of the parties and the department shall not be required to show a substantial change of circumstances if the reasons for the deviations were not set forth in the findings of fact or order.

(8)(a) Except as provided in (b) and (c) of this subsection, all child support decrees may be adjusted once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either party may initiate the modification pursuant to procedures of RCW 26.09.175.

(b) Parents whose decrees are entered before ((~~the effective date of this act~~)) July 1, 1990 may petition the court for a modification after twelve months has expired from the entry of the decree or the most recent modification setting child support, whichever is later. However, if a party is granted relief under this provision, twenty-four months must pass before another petition for modification may be filed pursuant to (a) of this subsection.

(c) A party may petition for modification in cases of substantially changed circumstances, under subsection (1) of this section, at any time. However, if relief is granted under subsection (1) of this section, twenty-four months must pass before a petition for modification under (a) of this subsection may be filed.

(d) If, pursuant to (a) of this subsection, the court modifies a child support obligation by more than thirty percent and the change would cause significant hardship, the court may implement the change in two equal increments, one at the time of the entry of the order and the second six months from the entry of the order. Twenty-four months must pass following the second change before a petition for modification under (a) of this subsection may be filed.

(e) A parent who is receiving transfer payments who receives a wage or salary increase may not bring a modification action pursuant to (a) of this subsection alleging that increase constitutes a substantial change of circumstances under subsection (1) of this section.