Harmon v. Department of Social & Health Services

134 Wash. 2d 523
CourtWashington Supreme Court
DecidedFebruary 26, 1998
DocketNo. 64800-0
StatusPublished
Cited by99 cases

This text of 134 Wash. 2d 523 (Harmon v. Department of Social & Health Services) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harmon v. Department of Social & Health Services, 134 Wash. 2d 523 (Wash. 1998).

Opinions

Guy, J.

In this appeal we are asked to determine whether the family expense statute, RCW 26.16.205, imposes a child support obligation on a stepparent which is equal to that of the child’s mother and father and which continues after the child leaves the family home. We hold RCW 26.16.205 is not a self-contained and autonomous child support statute. It may not be used independent of the standards, guidelines and schedule the Legislature has enacted to govern child support liability and computation in this state. See RCW 26.19 (Washington Child Support Schedule).

Prior law enabled the Department of Social and Health Services to look to the stepparent and to rely upon the stepparent’s income when determining a child support obligation. See former RCW 74.20A.055 (amended by Laws of 1991, ch. 367, § 46), RCW 74.20A.020 and RCW 26.16.205. However, with the enactment of this state’s child support schedule and standards in 1988, the Legislature made a [527]*527policy decision to impose the primary child support obligation on the child’s natural parents and therefore provided that the basic child support obligation is to be calculated without reference to a stepparent’s income.

Our child support guidelines and standards do not permit an agency or court to substitute a stepparent for a parent when determining the basic child support obligation. In this case, the family expense statute should not have been used to impose a primary financial responsibility on a stepfather for the support of stepchildren who were in the residential care of their father and stepmother. Accordingly, we reverse.

FACTS

Appellant Edward Harmon married Darlene Dooley in 1985. At that time Darlene was the custodial parent1 of two daughters, ages eight and nine years old, who were born during her marriage to Tom Dooley.

After living with their mother and stepfather for almost seven years, both children left the Harmon home in February 1992 and moved into the home of their father and stepmother, Tom and Linda Dooley.

On March 31, 1992, the superior court modified custody of the children, ordering the primary residential placement of the children be changed from the mother’s home to the father’s home. The modification order did not address child support. In April 1992, the children’s father requested the Department of Social and Health Services (hereafter Department) to calculate and collect support payments for the children pursuant to RCW 74.20A. The Department initially served only the mother with a “Notice and Finding of Financial Responsibility,” and she requested a hearing. The Administrative Law Judge (ALJ) determined the mother was permanently disabled and had no ability to [528]*528earn income. Based on this state’s child support schedule, RCW 26.19.020, the ALJ ordered the mother to pay $25 per child per month.2

Shortly after the proceeding against the mother was concluded, the Department served the stepfather, Petitioner Edward Harmon, with a “Notice and Finding of Financial Responsibility.”

At an administrative hearing held to contest this finding, the ALJ dismissed the Department’s finding of financial responsibility and held the stepfather had no obligation to support his stepchildren once they left his home. However, “to avoid possible remand and rehearing,” the ALJ completed the child support schedule worksheets and calculated the amount the stepfather would owe as child support in the event the ALJ’s decision were reversed. Using the incomes of Mr. Harmon and Mr. Dooley, the ALJ altered the printed Child Support Schedule Worksheets by changing the designations under Part I (Basic Support Obligation) from “FATHER” and “MOTHER” to “StepFATHER” and “Nat. FATHER.” Clerk’s Papers at 49. Then, based on the net incomes of the stepfather and father, the ALJ computed the stepfather’s total monthly support obligation (should he be found to be liable on appeal) to be $486.10. The stepfather is disabled and unemployed. His monthly net income of $1,320.20 is received from Department of Labor and Industries and Social Security Administration disability payments.

The Department petitioned for administrative review of the ALJ’s ruling that the stepfather was not liable. The Department’s Review Judge reversed and held the stepfather was liable for support under RCW 26.16.205 of the community property statute, and that his liability could be terminated, pursuant to that statute, only by legal separation, marriage dissolution, or death. The Review Judge ordered the stepfather to pay support in the amount of $486.10 per month. In addition, the Review Judge deter[529]*529mined the stepfather owed an accrued child support debt of $8,701.19.

The stepfather appealed to the Snohomish County Superior Court, which affirmed the Review Judge’s decision.3 The Court of Appeals affirmed the Superior Court. Harmon v. Department of Soc. & Health Servs., 83 Wn. App. 596, 922 P.2d 201 (1996). In its decision, the Court of Appeals held RCW 26.16.205 is plain and unambiguous and that it requires custodial stepparents to contribute to their stepchildren’s support until divorce, legal separation, or death. Harmon, 83 Wn. App. at 598. The Court of Appeals rejected a contrary interpretation of the statute set forth in In re Marriage of Farrell, 67 Wn. App. 361, 835 P.2d 267 (1992). We accepted review of the case to resolve the conflict between Farrell and Harmon.4

ISSUE

Does RCW 26.16.205 impose an obligation upon a stepparent which is equal to that of the natural mother and father for the purpose of calculating and paying child support for stepchildren who have moved from the stepparent’s home?

ANALYSIS

Our review in this case is governed by the Administrative Frocedure Act, RCW 34.05, which permits reversal if the agency has erroneously interpreted or applied the law. RCW 34.05.570(3)(d); Tapper v. Employment Sec. Dep’t,

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134 Wash. 2d 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmon-v-department-of-social-health-services-wash-1998.