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Articles 91 - 120 of 180
Full-Text Articles in Family Law
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Escalation Clauses In Washington Child Support Awards, Michael E. Gossler
Escalation Clauses In Washington Child Support Awards, Michael E. Gossler
Washington Law Review
This comment analyzes the Washington courts' interpretation of the statutes providing for making and modifying child support awards and the policies these statutes are designed to effect. It concludes that the use of escalation clauses is consistent with the statutes and policies on which the Washington support system is based, and that the use of such clauses is a more effective means of promoting the state's policy of providing adequate child support than the traditional approach of awarding support in fixed amounts subject to court modification. Finally, the comment suggests one possible escalation device that seeks to accurately predict future …
Domestic Relations—Post-Minority Child Support In Dissolution Proceedings—Childers V. Childers, 89 Wn. 2d 592, 575 P.2d 201 (1978), Patrick Charles Marshall
Domestic Relations—Post-Minority Child Support In Dissolution Proceedings—Childers V. Childers, 89 Wn. 2d 592, 575 P.2d 201 (1978), Patrick Charles Marshall
Washington Law Review
This note will first explore the purpose of child support and the changes in Washington law resulting in the court's construction of the Dissolution Act in Childers. Following an analysis of the Childers opinion, the remainder of this note will outline the present operation and scope of the child support provisions in the Dissolution Act and discuss the impact the provisions might have upon custody of children.
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Washington Law Review
Each state has developed its own standards for deciding when an antenuptial or postnuptial contract is "fairly" made. This comment analyzes the current requirements for validity imposed by the decisional and statutory law of the State of Washington.
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Washington Law Review
Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …
Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd
Washington Law Review
Plaintiff husband and defendant wife executed three property status agreements during their marriage after discovering that the wife had multiple sclerosis. The couple's personal and business counsel drafted the agreements to minimize the wife's death and estate taxes. Before signing the agreements, the wife received advice from the family counsel and travelled to her husband's properties. In addition, the wife engaged another attorney to examine the agreements, but he declined to give her advice because she failed to provide him with necessary information. The husband obtained a dissolution decree embodying the agreements. On appeal, the Washington Supreme Court held (5-3) …
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson
Washington Law Review
Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …
Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer
Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer
Washington Law Review
In an era when attitudes toward marriage institutions are changing and it has become a truism that governmentally dispensed benefits constitute "the new property," the extent to which marital status is a determinant of the right to receive such benefits is a subject of particular interest. The purpose of this article is to survey that subject. More specifically, this article will trace congressional and administrative efforts to arrive at acceptable definitions of who should be treated as a wife/widow (or husband/widower), so as to be entitled to particular statutory benefits, and similar efforts to define when the status- relationship has …
Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson
Washington Law Review
On November 30, 1973, Raymond A. Ways, a member of the United States Navy on active military duty, filed a petition for dissolution of marriage in a Washington superior court. Ways had been stationed in Washington aboard the USS Enterprise (then undergoing repairs at the Puget Sound Naval Shipyard, Bremerton, Washington) since October 1973, but neither he nor his wife had ever been domiciled in Washington. Ways filed his petition in reliance upon R.C.W. § 26.09.030, a statute allowing members of the armed forces stationed in Washington to petition for dissolution of marriage in the state. On February 2, 1974, …
Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder
Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder
Washington Law Review
This note will discuss the purposes of' the amendrnents, describe how the provisions are intended to, work, and indicate what is required by HEW and the state welfare agencies for compliance. Constitutional and administrative problems that can be anticipated as the provisions are implemented will also be explored. Finally, the existing Washington State system of child support enforcement will be explained and offered as an example of a successful approach to this difficult problem.
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Washington Law Review
The economic settlement accompanying a marriage dissolution may consist of one or both of the following: (1) the initial "property settlement," sometimes referred to as a "division" of property when only community property is involved; and (2) provisions for maintenance payments categorized as alimony, child support, or some combination thereof. The tax problems of property settlements have been analyzed previously by the author. They are considered here only to the extent necessary to distinguish property settlements paid in installments from periodic maintenance payments made for the support of a former spouse, or for children of the marriage, or both. The …
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Washington Law Review
This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
Washington Law Review
This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Washington Law Review
Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, …
The Community Property Law In Washington, Harry M. Cross
The Community Property Law In Washington, Harry M. Cross
Washington Law Review
Washington's present community property regime, with the major exception of the 1972 amendments, has remained largely unchanged in its basic structure since enactment by the territorial legislature in 1879. The statutes, in two separate sections, provide that property and pecuniary rights owned by each spouse at the time of marriage, any property thereafter acquired lucratively, and the rents, issues and profits therefrom constitute separate property. All property acquired after marriage which is not separate property is community property. With the 1972 changes now in effect, each spouse has equal management power over the community property. Each spouse has a general …
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
Washington Law Review
No abstract provided.
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
Washington Law Review
The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Washington Law Review
In 1972, the Washington Legislature amended Washington's community property laws, granting the wife management powers equal to those of her spouse. Professor Cross examines the impact of the amendments upon existing Washington law, emphasizing expected practical difficulties in community business transactions and transactions involving household goods.
Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F.
Washington Law Review
In the early 1950's, decedent separated from his wife and began living with appellant. During the subsequent seventeen years decedent, appellant and their four children operated a cattle ranch in Washington. In 1961 profits from that business were used to purchase property known as the Malo farm in the name of decedent. During the following years, appellant participated both in the decisions concerning the farm's management and in its day-to-day operations. Upon the death of the decedent in 1969, his surviving spouse filed a petition for probate of his will. Thereafter appellant filed a petition alleging a partnership interest in …
Community Property Law, Harry M. Cross
Community Property Law, Harry M. Cross
Washington Law Review
A book review essay considering Principles of Community Property, 2d ed., by William Q. deFuniak and Michael J. Vaughn (1971).
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Law Review
Under Washington law the marital property rights of a couple who moves to Washington are treated differently than those of a native couple. The author traces the source and effects of this practice, examines possible common law solutions, and recommends adoption of a "quasicommunity property" statute, similar to the successful California statute which gives the migratory spouse protection and inheritance tax treatment comparable to that of the native spouse.
Communty Property—Antenuptial Debts—Eliminating Immunity Of Earnings And Accumulations Of Debtor Spouse.—Rcw 26.16.200, As Amended By Ch. 121, Laws Of 1969, 1st Extraordinary Session, Anon
Washington Law Review
Washington case law has made some inroads into the insulation of community assets, based on policy considerations favoring alimony. In Fisch v. Marler, the husband's remarriage did not prevent his first wife from garnishing his salary to satisfy alimony obligations. In Stafford v. Stafford, however, the policy considerations were not sufficiently strong to allow the first wife to attach community real property acquired during the second marriage of the husband. Federal tax law has also diluted the immunity." The most recent and significant abrogation, however, is statutory. During the 1969 Extraordinary Session, the Washington Legislature rendered the community less inviolate …
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The United States Supreme Court recently handed down a decision reversing the Washington Supreme Court which has important ramifications in all community property jurisdictions. The problem began when Angel N. Yiatchos purchased Series E United States savings bonds with community funds. Angel became registered owner of the bonds and his brother was designated P.O.D. (payable on death) beneficiary. After Angel's death, his widow refused to deliver the bonds to the brother. The brother then brought suit against the widow individually and as executrix to determine ownership of the bonds. Angel's widow sought one-half interest in the bonds as her community …