SENATE BILL REPORT

SHB 2827

BYHouse Committee on Judiciary (originally sponsored by Representatives Spanel, Brough, Appelwick, Locke, Belcher, Schmidt, Scott, Hine, Wineberry and Wood)

Providing for compensatory maintenance and for wage garnishment of maintenance orders.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 15, 1990

Senate Staff:Vicki Schur (786-7415)

AS OF FEBRUARY 13, 1990

BACKGROUND:

The Washington State Task Force on Gender and Justice in the Courts:  Pursuant to legislation passed in 1987, the Washington State Supreme Court established the Washington State Task Force on Gender and Justice in the Courts.  The task force was directed to examine the treatment of women as litigants, attorneys, judges and court personnel within the state court system; to recommend possible reforms; and to provide attitude awareness training for judges and legal professionals.  Members of the task force include judges, legislators, lawyers, law school professors, and representatives of law-related associations.

The task force defined gender bias as actions or attitudes that negatively impact an individual or group primarily because of gender.  After two years of study, the task force concluded that gender bias exists in our culture and is reflected in the Washington court system.  The final report of the task force lists 19 recommendations to the Legislature which are designed to eliminate gender bias from the courts of this state.

Applicable Law:  In a dissolution of marriage, a property settlement is made which disposes of all of the property and the liabilities of the parties, including both separate and community property.  The court considers a nonexclusive list of relevant factors in making a property disposition which is "just and equitable."  Similarly, the court may award either party maintenance in an amount and for a period that the court deems is just.  Again, the court considers a nonexclusive list of relevant factors in making its determination.  Although parties may expressly agree or provide otherwise, the obligation to pay maintenance is presumed to terminate upon the death of either party or the remarriage of the party receiving maintenance.

Individuals seeking collection of maintenance payments which are in arrears may obtain a judgment against the obligor and enforce that judgment.  Alternatively, an obligee may garnish the wages of the obligor.

Any party or attorney in a lawsuit may file a motion and affidavit of prejudice against the judge, stating that he or she cannot have a fair and impartial trial before the judge.

It is illegal for an individual to possess a handgun if he or she has been convicted of a (a) crime of violence or (b) felony in which a firearm was used or displayed.  Unlawful possession of a handgun is a class C felony.

SUMMARY:

In making a dissolution property settlement, the court must consider, in addition to other factors, the past, present, and future earning or economic capacity of each spouse, including the earning capacity of each spouse which was enhanced, diminished, or foregone during the marriage.

In granting maintenance, the court must consider, in addition to other factors:  (1) contributions each spouse made to the marriage, financial or other; (2) the standard of living each will experience after the dissolution; and (3) the past, present, and future earning capacity of each spouse, including the earning capacity which was enhanced, diminished, or foregone during marriage.

Maintenance payments will not automatically terminate when the party receiving maintenance remarries.

An obligee may seek a mandatory wage assignment for payment of maintenance.  The procedures governing the assignment of wages for payment of maintenance are substantially similar to those allowing an assignment of wages for payment of child support.  The obligee may file a petition seeking a mandatory wage assignment if the obligor is more than 15 days past due in payments of an amount greater than or equal to one month's maintenance payment.  Unless the maintenance order provides otherwise, the obligee must give the obligor 15 days notice before seeking the wage assignment.  The court issues a mandatory wage assignment order directing the employer to comply with the order within 20 days after service.  The total amount withheld from the obligor's earnings cannot exceed 50 percent of the obligor's disposable earnings.  A wage assignment for child support has priority over a wage assignment for maintenance.  The wage assignment order may be terminated or modified only upon showing that it causes extreme hardship or substantial injustice.  If the wage assignment has been in operation for 12 months and the obligor's payments are current, the obligor may terminate the order unless the obligee shows good cause why the order should remain in effect.

An affidavit of prejudice may not be based on consideration of the judge's race, creed, or gender.  Any affidavit filed must affirmatively state that a judge's race, creed, or gender is not a basis for the motion to establish prejudice.

Persons convicted of a misdemeanor or felony involving domestic violence may not legally possess a handgun. Crimes involving domestic violence include violations of protection orders.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 7, 1990