In re the Marriage of: Ashley C. Eierdam and Benjamin F. Eierdam
Opinion
FILED JUNE 15, 2017 In the Office of the Clerk of Court WA State Court of Appeals, Division Ill
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE
In the Matter of the Marriage of ) No. 34090-2-111 ) ASHLEY C. EIERDAM, ) ) Respondent, ) ) UNPUBLISHED OPINION and ) ) BENJAMIN F. EIERDAM, ) ) Appellant. )
PENNELL, J. -Benjamin Eierdam appeals an order of child support, that was
entered as part of his marital dissolution decree. We affirm.
FACTS Ashley and Benjamin Eierdam were married in November 2006 and separated in
July 2014. They have three minor children. The couple agreed to a parenting plan in No. 34090-2-III In re Marriage of Eierdam
which they share equal residential time with the children throughout the year.
Following a contested dissolution trial, the court divided property 1 and determined
child support. In calculating the parties' child support obligations, the trial court found
Mr. Eierdam's monthly net income to be $2,674.46 and Ms. Eierdam's to be $1,314.56.
Ms. Eierdam's income was imputed. The court determined Mr. Eierdam to be the obligor
parent. Using the standard calculation for child support obligations, the court ordered Mr.
Eierdam to pay Ms. Eierdam a monthly transfer payment of $765.00. Mr. Eierdam
requested a residential credit based on the shared residential situation. The court denied
this request, finding the "circumstance is not set and [the] parties['] income is not
equitable." Clerk's Papers (CP) at 205. Mr. Eierdam appeals.
ANALYSIS
Standard of review
This court reviews child support awards, including a decision whether to impute
income and whether to grant a deviation, for an abuse of discretion. In re Marriage of
Pollard, 99 Wn. App. 48, 52-53, 991 P.2d 1201 (2000); In re Parentage of O.A.J, 190
Wn. App. 826, 831, 363 P.3d 1 (2015). To adequately exercise its discretion, the trial
court must take into consideration all factors bearing on the children's needs and the
1 The property division is not at issue in this appeal.
2 No. 34090-2-111 In re Marriage of Eierdam
parents' ability to pay. Pollard, 99 Wn. App. at 52. As a whole, the child support order
should meet each child's basic needs and provide any "' additional child support
commensurate with the parents' income, resources, and standard of living.'" Id. (quoting
· RCW 26.19.001 ). In order to facilitate these goals, the legislature has directed that the
child support obligation be "' equitably apportioned between the parents."' Id. (quoting
RCW 26.19.001).
Imputation of income
Mr. Eierdam first argues the trial court erred by imputing income to Ms. Eierdam
at minimum wage. He contends the court failed to consider Ms. Eierdam' s higher
historical rate of pay.
When a trial court issues a child support order, it begins by setting the basic
support obligation, which is based in part on the parents' combined monthly net income.
RCW 26.19.011(1), .020. When assessing the income and resources of each household,
the court must impute income to a parent when that parent is "voluntarily unemployed or
voluntarily underemployed." RCW 26.19.071(6). The statute sets forth an order of
priority for determining imputed income. Id. Under the terms of the statute, a parent's
current rate of pay has priority over historic earnings. Id.
3 No. 34090-2-III In re Marriage of Eierdam
During trial, it was established that Ms. Eierdam's current rate of pay was
minimum wage, at the time $9.48 per hour. Under the terms of the statute, this is the
preferred rate for imputing income. Nevertheless, Mr. Eierdam argues the trial court
ignored Ms. Eierdam's historical rate of pay of $12.00 per hour when selecting the proper
rate of imputed income. We disagree. While the court noted Ms. Eierdam had previously
held a job paying $12.00 per hour, it also recognized that job lasted "just a matter of
months." 2 Verbatim Report of Proceedings (VRP) (Nov. 16, 2015) at 230. Ms. Eierdam
has very little employment history. When she has worked she has generally earned
minimum wage. There was no abuse of discretion in utilizing Ms. Eierdam's current rate
of pay in determining imputed income.
Child support
Regarding child support, Mr. Eierdam first contends this court should revisit how
child support is determined in the context of shared residential schedules. We decline this
invitation. Our courts have previously upheld the standard child support schedules in the
context of shared custody. State ex rel. MMG. v. Graham, 159 Wn.2d 623,638, 152
P.3d 1005 (2007); In re Marriage of Schnurman, 178 Wn. App. 634, 639-43, 316 P.3d
514 (2013). The established rule is that any inequities arising in shared residential
situations can be adequately addressed by deviations from the standard schedules. Id.
4 No. 34090-2-III In re Marriage ofEierdam
We find no reason to depart from these authorities.
Mr. Eierdam next contends the trial court's failure to deviate downward for his
support obligation and its deviation to $0 in support for Ms. Eierdam was inequitable and
constituted an abuse of discretion. He also argues the court failed to enter sufficient
findings of fact regarding the deviation. Mr. Eierdam's concerns are not persuasive.
Mr. Eierdam has not established the trial court abused its discretion in setting forth
the parties' support obligations. Ms. Eierdam's obligation was set at $0, not based on a
deviation, but because she was designated the obligee parent. This designation was
within the court's discretion. In re Parentage of A.L., 185 Wn. App. 225, 242, 340 P.3d
260 (2014 ). In addition, the trial court carefully considered both parties' circumstances
prior to ruling on Mr. Eierdam's deviation request. The trial court recognized Ms.
Eierdam was receiving substantial support from her father. However, the court was
concerned there was no assurance this support would continue. 2 VRP (Nov. 16, 2015) at
239. Based on the parties' disparate incomes and the uncertainty of continued support
from Ms. Eierdam's father, the court found that the "circumstance is not set and [the]
parties['] income is not equitable," denying Mr. Eierdam's deviation request. CP at 205.
The court's finding was supported by substantial evidence and satisfied governing
statutory requirements, RCW 26.19.035(2) and RCW 26.19.075(3).
5 No. 34090-2-III In re Marriage ofEierdam
CONCLUSION
The decree of dissolution and order of child support are affirmed.
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