The Brewer Firm

10/15/2025

This week, I'm honored to present to D.R.A.W. on the WA Legislature's activities this session. Family Law bills included a complex rewrite of RCW 26.09.191 which addresses limitations (mandatory and discretionary) in parenting plans. They added another section to break out sexual abuse. Another bill expanded the child support schedule from a top family income of $12,000 to $50,000 let month 🤔. The legislature continued to tinker with the DV statutes, not always in a good way i.m.o.

04/12/2025

Our system of law, the Common Law, was developed by Henry II of England. The U.S. adopted it (except Louisiana) as a carryover from the Colonial era. The Common Law system is now the largest legal system in the world, governing nearly 40% of the planet.

12th Century King Accidentally Creates Legal System Used By Half The World

03/02/2025

It's been an interesting couple of years. The Washington appellate courts have addressed VA Disability, Military Medical Retirements, and Military Pension divisions 18 times in 3 years.

Most cases discuss the SCOTUS case Marriage of Howell. The WA courts have developed creative ways to either circumvent Howell or craft a "fair and equitable" result (depending on your perspective).

Whether you are a spouse or a servicemember, if you're going through a divorce, it is important to know the arguments and hire an attorney familiar with those arguments: Frozen coverture rule, Nondivisibilty of VA Benefit, Spousal maintenance when VA Disability can't be divided, awarding the SBP, the 10-10 Rule, 20/20/20, and more.

03/02/2025

I am concerned about Servicemembers who will be impacted by recent cuts at the VA. The last Congress overwhelmingly passed the PACT Act to keep our promise of care to millions of servicemembers who have disabilities stemming from the "burn pits" and industrial toxins. My own husband has an intractable cough from lung damage after serving in the Gulf.

Now this Administration is cutting funding and staff (You and I call them Doctors and Nurses). Let me know if you're a Vet and you've been impacted.

09/04/2023

Last month, Washington Division II Court of Appeals essentially confirmed the Bulicek formula for pre-2017 Division of Military pensions. Porter v. Porter:

X/Y x .5. x Disposable Annuity

"X" = months marital service
"Y" = total months of service

Decrees entered after 1/1/2017, however, must comply with the frozen coverture formula "as if the servicemember retired on the date of decree."

08/22/2023

3 weeks until the D.R.A.W. Bar conference & seminar. After stepping down as President, I've been on the CLE Committee. This year we're presenting on Child S*x Abuse Allegations, cryptocurrency & NFTs (non- fungible transactions), as well as electronically stored evidence and much more. It's great to get together with colleagues. Always much to be learned and shared.

08/13/2023

Dividing military pensions and benefit in a divorce is fraught with pitfalls. Military divorces are governed by both state and federal law. 10 USC. 1408 et seq. Some things to remember are:
- The NDAA 2016 limited the award to the former spouse. Washington caselaw, Marriage of Bulicek, was superceded.
-If the servicemember is a member of the Reserves or National Guard, you will need a point statement to calculate estimated returned at time of decree.
-The SBP should be addressed
- Dont forget the Thrift Savings Plan (TSP). If there is a TSP that will be divided, a special order is required. (Military Retirement Benefits Order)
- Dont forget 20-20-20 and 20-20-15 benefits
- In Washington, child support is based on ALL income, including BAS, BAS, VA disability, Soecialty pay, etc. Generally, only aid and attendant care is excluded.
There is much more. But that'll have to wait for another day.

08/11/2023

The new "Coercive Control" law (eff. July 2022) lists certain activities that are now "presumptive" evidence of domestic violence. Sometimes these actions are truly menacing, but sometimes they are not. Be familiar with the list and don't go into a DVPO hearing unprepared.

08/11/2023

Veteran' who served in the Middle East or Afganistan ard were exposed to burn pits are now "presumed" to have a "service connected disability" under the P.A.C.T Act (38 U.S.C. ). The deadline to apply for retroactive benefits has been extended to midnight on 8/14/23. You can file a claim online at www.va.gov. You can also file an "Intent to File Claim" that will also lock in retroactive benefits. Common symptoms/conditions stemming from burn pit exposure include respiratory illnesses and certain cancers. The link has the full list.

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.

06/28/2023

The grammarian in me is twitching