Self Support Reserve Update

RCW 26.19.065(2)(b) provides that the basic support obligation of the parent making the transfer payment cannot reduce his/her net income below the self-support reserve (with certain exclusions and exceptions).

The self-support reserve is stated as 125% of the federal poverty level, which is generally adjusted every January based upon the prior year's Consumer Price Index.

The CPI decreased in 2009 (reportedly for the first time since the poverty guidelines began to be issued in 1965)! In December 2009, the President signed a law containing a provision extending the 2009 poverty guidelines until at least March 1, 2010.

Therefore, for now the self-support reserve remains at $1128 per month. Minimum wage in Washington also remains the same as in 2009 ($8.55 per hour).

Kalka

As some of you know, Kalkadora Thangkhiew’s husband, Amod, died unexpectedly on Wednesday. Kalka and Amod were close to many of us.

A service for Amod will be held this Sunday from 12:00 p.m. to 2:00 p.m. at Finley's at 6801 S.W. Sunset Highway (past the zoo). Their phone number is (503) 292-6654.

A "Celebration of Life" will be held at Kalka's home at 5:30 p.m. on Sunday. Her address is 3209 S.E. 173rd Court, Vancouver, WA 98683.

I would appreciate everyone spreading the word.

Thank you all for the tremendous support you've given Kalka.

FLS - UPCOMING!

Fifty-seven people turned out for the first Family Law Section meeting of 2010! Our next meeting is February 11, 2010 from 11:30 a.m. to 1:00 p.m. at Tommy O’s.

Debtor/creditor specialists Don Thacker and Stanley Horak will speak to the topic:

“I Lost My Job, the House is Underwater, and I Want a Divorce!”

We cover the issues that come up with dealing with financial crisis and home ownership in a divorce. This subject is broad and complex so if you have specific questions or issues you would like addressed feel free to let me know in advance.

CONGRATULATIONS JUDGE MELNICK!

As most of you have heard, Governor Chris Gregoire announced the appointment of Judge Richard Melnick to the Clark County Superior Court.

Congrats Judge!

FLS JANUARY 14 MEETING INFO!

Our next meeting is Thursday, January 14, 2010 from 11:30 a.m. – 1:00 p.m. at Tommy O’s, 801 Washington Street, Vancouver, WA.


Judge Rulli and Scott Horenstein will explain the Supreme Court case, Estate of Borghi. I just received word that Judge Poyfair will be attending the meeting (and most likely commenting) as well.

Borghi gives new direction to the courts regarding characterization of real property that was owned prior to the marriage; but was subsequently placed in joint title.

An old case (Descamps) held that such transfers are not valid (in simple terms). Two later cases (Hurd and Olivares) said that those transactions create a gift presumption. In the Borghi case, the trial court held consistent with Hurt and Olivares. The Court of Appeals, citing Descamps, reversed and held the transfer to be invalid (reluctantly). The Supreme Court affirmed the Court of Appeals. The appellant has moved the Supreme Court for reconsideration and Scott was asked to file an amicus brief. The brief is attached.

Scott recently learned that the Supreme Court accepted the amicus which means they will consider it in the reconsideration process.


The cost to attend the lunch meeting is $12.00 for non-attorneys and attorneys who do not wish to receive the CLE credit. Attorney’s who want lunch and CLE credits are $17.00. Attorney’s who want lunch and CLE credit but are not a member of the CCBA FLS pay $27.00. If you do not RSVP, you pay $25.00 at the door. Judges, Commissioners, and speakers are always free of charge.


Please RSVP by delivering your payment to the section Treasurer, Kristen Parcher of Green and Ritchie, by Monday, January 11.

*** Please note Green and Ritchie’s new address: 1601 Lincoln Avenue, Vancouver, WA 98660. ***

Second Saturday

Second Saturday

Let your client's know about...."Second Saturday: What Women Need to Know About Divorce."

The class is held at Heart Connections on 305 W 16th Street, Vancouver, WA on Saturday, January 9th with registration beginning at 8:00 a.m. and class from 8:30 a.m. to about noon.

The class will address the legal, financial, emotional, and social aspects of divorce. Attorneys who would like to monitor the class are welcome to do so in preparation for teaching or recommending it to clients.

RSVP is optional but appreciated at 360.448.8833 or email dana.greyson@gmail.com.

Save a Life -- From Dru Horenstein

Save A Life -- From Dru Horenstein

On December 7, my 26 year old son who is now fine was saved by someone who was not afraid to help. He collapsed with sudden cardiac arrest at a gym while working out in Seattle. The assistant manager immediately did two things: called 911 and began chest compressions.

This is all you have to do when someone collapses like he did. You don’t need special training. All you need to do is two-handed chest compressions, at 100 a minute, hard and fast in the center of the chest until the paramedics come. This will keep the blood and oxygen flowing.

Please practice saying this right now: call 911, begin chest compressions, hard and fast in center of chest.

Thank you.