In Re Marriage of Krieger and Walker

199 P.3d 450, 147 Wash. App. 952
CourtCourt of Appeals of Washington
DecidedDecember 29, 2008
Docket61219-1-I
StatusPublished
Cited by4 cases

This text of 199 P.3d 450 (In Re Marriage of Krieger and Walker) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Krieger and Walker, 199 P.3d 450, 147 Wash. App. 952 (Wash. Ct. App. 2008).

Opinion

199 P.3d 450 (2008)

In the Matter of the MARRIAGE OF Bryan F. KRIEGER, Respondent, and
Marilyn L. WALKER, Appellant.

No. 61219-1-I.

Court of Appeals of Washington, Division 1.

December 29, 2008.

*452 Catherine Wright Smith, Valerie A Villacin, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, Stella Lea Pitts, Stella L. Pitts & Associates PLLC, Seattle, WA, for Appellant.

Robert Charles Kaufman, Attorney at Law, Bellevue, WA, for Respondent.

AGID, J.

¶ 1 Marilyn Walker appeals the trial court's order setting child support at the advisory amount for combined monthly incomes over $7,000. She contends that limiting child support to the advisory amount fails to meet the children's needs and does not consider the totality of the parents' financial circumstances. Specifically, she argues that the trial court erred by: (1) requiring that she demonstrate an extraordinary need for an award above the advisory amount, (2) finding that the father's "non involvement" with the children is not a basis for additional support, and (3) finding that she failed to demonstrate that the children's standard of living would be affected by a departure from the advisory amount. There is no authority that requires a showing of extraordinary need to award support above the advisory amount. In addition, the record demonstrates that the father's lack of residential time with the children increased Walker's financial burden and that awarding the advisory amount lowered the children's standard *453 of living and did not adequately account for the father's standard of living. We therefore hold that the trial court abused its discretion in setting child support at the advisory amount. Accordingly, we reverse.

FACTS

¶ 2 Marilyn Walker and Brian Krieger divorced in 2002. At the time of the dissolution they had two children, ages five and one. Under the 2002 dissolution decree and parenting plan, Walker was designated as the decision-maker on major decisions involving the children. The parents' combined monthly net income exceeded $7,000, and they agreed to extrapolate child support. The court ordered Krieger to pay $4,500 monthly which included $2,500 in spousal maintenance and a $2,000 transfer payment, out of which $1,000 was allocated for child support and $1,000 was allocated for work-related child care expenses. The order provided that child support would be adjusted every two years.

¶ 3 In 2003, the court ordered an adjustment on Walker's motion. Instead of allocating $1,000 for child support and day care expenses, the court ordered that Krieger's monthly transfer payment be reduced to $1,341.74 and required him to pay his proportionate share of the children's day care and extraordinary health expenses.

¶ 4 In 2005, Walker moved for an adjustment because her income had decreased when her monthly spousal maintenance award terminated. She argued that the court should increase the transfer payment using extrapolation because Krieger's monthly income alone exceeded $7,000.[1] She also submitted evidence of the children's yearly budget, which did not include "most food, a home to live in, utilities or any portion of the car." This budget detailed expenses for the following categories: daily living (which included child care), school costs, entertainment, health, vacations, recreation, dues/subscriptions, personal, and additional education costs, and showed expenses exceeding $1,900 per month. She claimed that this amount was in addition to the family's monthly expenses of $3,725.69 for housing, food, and transportation.[2]

¶ 5 Krieger objected to Walker's proposed adjustment and argued instead that the amount of support should be set according to the child support guidelines. He asserted that his income was $8,112.38 and, based on the economic table, his support obligation should be $1,018.58. Alternatively, he argued that if he was required to pay the extrapolated award, he should not also be required to pay his proportionate share of certain other expenses such as day care and health care because they were already included in Walker's budget.

¶ 6 A court commissioner rejected Krieger's arguments, extrapolated an increased support obligation and ordered him to make a monthly transfer payment of $2,182.88. This amount did not include work-related day care, counseling, medical, dental, and orthodontic expenses, so Krieger was ordered to pay his proportionate share of day care and extraordinary health care expenses. The commissioner denied Krieger's motion for reconsideration, and the court denied his motion to revise the commissioner's ruling.

¶ 7 Krieger appealed and we reversed based on the Supreme Court's decision in In re Marriage of McCausland,[3] which held that the extrapolation formula may not be used to exceed the economic table in the child support schedule.[4] We concluded that "the findings made by the [trial] court do not establish that the extrapolated award of child support is necessary to meet the needs of the parties' children."[5] We then remanded for recalculation of child support without using extrapolation because the record was not clear that the trial court would have imposed *454 the same level of support without using it. In doing so, we "emphasize[d] that the trial court retains discretion to set child support above the advisory amounts upon entry of sufficient findings."[6]

¶ 8 On remand, the parties appeared in the trial court before a judge who had not reviewed the earlier adjustment hearing before the commissioner. In addition to the evidence she presented during the hearing before the commissioner, Walker presented evidence that the parties agreed to modify the parenting plan to reflect Krieger's choice not to spend any residential time with the children. She argued that because he did not spend any residential time with the children, she carried a greater burden of the family's expenses.

¶ 9 The trial court determined Krieger's monthly income to be $9,843 and Walker's income to be $5,247. The court concluded that Walker failed to produce evidence "to support the `sufficient findings' that must be present before this court may exercise its discretion and award support above the standard calculation." The court also concluded that the children's additional expenses beyond their daily living expenses "do not constitute the type of extraordinary expenses and do not create the type of extraordinary need that must exist before this court may deviate upward from the standard calculation." The court further found that Walker "failed to demonstrate a standard of living that will be affected by any increase or decrease from the standard calculation contained in the economic table" and that Krieger's "non-involvement" with the children was not "a basis to deviate upward from the advisory level of child support."

¶ 10 The court then determined that the "standard calculation" of child support based on the advisory amount was $972.56 and ordered Krieger to pay child support of $1,000, in addition to his proportionate share of work-related day care and extraordinary health expenses. The trial court also found that Krieger had overpaid child support in the amount of $25,246 since February 2006 and ordered that he recover this overpayment in the form of a "credit" of $200 per month against all future support payments. This reduced the monthly transfer payment to $800. Walker appeals.

DISCUSSION

¶ 11 We review child support adjustments for a manifest abuse of discretion.[7]

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Bluebook (online)
199 P.3d 450, 147 Wash. App. 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-krieger-and-walker-washctapp-2008.