[WSBAPT] Dogfight: Family Allowance and Mediation

[Jane Bitz]

Paul:
I don't use TEDRA when I file a Spousal Support Petition. I file the Petition under RCW 11.54 and Note the Hearing under 11.54.180, serving the Petition, Proposed Order, a copy of the Inventory and Notice of Hearing on the Creditors. I just schedule the hearing and make the creditor show up in court if they want to protest it. I assume they could ask for the matter to be treated under TEDRA and ask that the Court order Mediation, but at that point, I think you would pose your argument. Also even under TEDRA, if the Court can rule at the first hearing, they are supposed to do so to avoid further delay for the surviving spouse. 

The Court should rule as a matter of law that the Petition should be granted, maybe reserving the issue of how much the award should be. I don't see how mediation becomes a remedy in this situation. Just my 2 cents.
Jane Bitz.


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, October 31, 2018 1:14 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Dogfight: Family Allowance and Mediation

Listmates:  I am involved in a dogfight with a creditor strenuously resisting the award of a family award under RCW Chapter 11.54 in a TEDRA action.  Creditor insists that mediation is allowed and preferred under RCW 11.96A.300.  I point out that RCW 11.54.090 says the "petition and the hearing must conform to RCW 11.96A.080 through RCW 11.96A.200," so any other rights or procedures set forth in TEDRA do not apply unless they are set forth in Sections .080 through .200.  Counter argument is that RCW 11.96A.080 says that "Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding...", which appears to bring RCW 11.96A.300 back in to the mix.  But why didn't the legislature simply refer the whole matter to TEDRA instead of using the limiting language?

I am finding no reported cases that discuss whether mediation is allowed in family award cases under TEDRA.  So does anyone have any sources (or better yet, a case) that may shed light on this matter such a legislative intent.  Unfortunately, the family allowance laws go back to 1917 and were amended or replaced without a lot of explanation.  




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