WA LEGISLATURE news

December 2012
 

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.

[Source: Washington Family Law Reporter™]

Q&A: 3 Scenarios

Q&A: How does RCW 26.19.090 interfere with Divorced Parents' Right to Parent?

A: Short and Sweet,when a child goes to college, financial support may be the most important, if not the only, influence that parents can exert over their children. The Washington statute strips this influence only from divorced parents, not from nondivorced parents. Consider the following scenarios of disparate treatment among parents based solely on marital status in relation to the fundamental right to parent:

Scenario 1: A minor child graduates from Washington high school and has a number of college alternatives from which to choose. The child is leaning toward a decision that his or her parents know to be a financial, academic, professional, or personal mistake. Nondivorced parents may use financial support to influence the child to make a better, more appropriate decision for the child and for the family checkbook. Under the Washington statute RCW 26.19.090, however, divorced parents may be obligated to support their child no matter what. This is disparate treatment of Washington parents exercising their fundamental right to parent.

Scenario 2: Police arrest a Washington child attending college for underage drinking or for possession of a controlled substance or for some other crime statistically significant among college-age children. Nondivorced parents may withdraw financial support to influence or to correct their child‘s behavior. Divorced parents under Washington court order to pay postsecondary-education costs, however, cannot withdraw support under Washington statute. This is disparate treatment of Washington parents exercising their fundamental right to parent.

Scenario 3: A Washington child is technically passing his or her college classes but performing well below his or her potential. Nondivorced parents may voluntarily end financial support to influence their child‘s work ethic. However, divorced parents obligated to pay under Washington law cannot withdraw support so long as the student is meeting minimum academic requirements set by the institution. This is disparate treatment of Washington parents exercising their fundamental right to parent.

The ePetition

http://www.change.org/petitions/repeal-rcw-26-19-090

The Website

Thanks to the love and support of Family and Friends, a Website has been stood up:
http://repeal-rcw-26-19-090.com/

Questions can be directed to email Repeal RCW 26.19.090


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