In re the Marriage of Barber

106 Wash. App. 390
CourtCourt of Appeals of Washington
DecidedMay 25, 2001
DocketNo. 25771-8-II
StatusPublished

This text of 106 Wash. App. 390 (In re the Marriage of Barber) 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 the Marriage of Barber, 106 Wash. App. 390 (Wash. Ct. App. 2001).

Opinion

Quinn-Brintnall, J.

Sally Barber appeals an order [392]*392requiring her to reimburse her ex-husband for day care expenses she did not incur. We hold that the reimbursement provisions of RCW 26.19.080(3) are mandatory for overpayments after June 6,1996. But because we hold that the trial court erred by failing to consider whether or not the doctrines of equitable estoppel and laches prevent Brian Barber from bringing the reimbursement claim, we remand for further proceedings.

FACTS

Brian Barber paid his ex-wife, Sally Barber, child support and day care expenses under a February 25,1994, decree of dissolution. The court ordered Brian1 to pay $541.94 in monthly child support for their two daughters, then aged nine and seven. This amount included $453.76 in basic support and $88.20 in day care expenses. The child support order provided that “[c]hild support shall be adjusted . . . [e]very two years.” Clerk’s Papers at 8. But neither party sought a change in the decree until 1999.

On October 6, 1999, Sally filed a Petition for Support Modification, based on special expenses due to their elder daughter’s involvement in the juvenile justice system. In response, Brian filed a Motion for Refund of Day Care pursuant to RCW 26.19.080(3). Brian requested that the court require Sally to disclose when she ceased incurring day care expenses, and he sought reimbursement for day care expenses that she did not incur after that date in the amount of $88.20 per month.

In late 1994, Sally had moved the children from a day care facility to in-home child care. At some point, the children no longer required day care. Sally claims that she and Brian agreed not to change Brian’s payments for day care expenses because any change would have been offset by an increase in his child support obligation due to his increased income. Brian denies that they discussed the issue and denies the agreement.

[393]*393In Findings of Fact dated December 7, 1999, a court commissioner granted Brian’s request for reimbursement and found that the reimbursement should be offset against an increased child support obligation retroactive to February 1996, two years following the initial decree.2 On Brian’s motion to revise, the superior court revised the commissioner’s ruling, vacated the offset of the retroactive child support obligation, and ordered Sally to reimburse Brian $5,242.88 for day care costs not incurred, plus interest.3 Sally appeals, arguing that the superior court should have considered equitable relief and that equitable estoppel and laches bar Brian from seeking reimbursement for the day care expenses.

DISCUSSION

I. Mandatory Reimbursement Provision of RCW 26.19.080(3).

Generally, a court cannot grant equitable relief when a statute provides specific relief. “Equity does not intervene when there is a complete and adequate remedy at law.” Ballard v. Wooster, 182 Wash. 408, 413, 45 P.2d 511 (1935), cited with approval in Roon v. King County, 24 Wn.2d 519, 526, 166 P.2d 165 (1946); see also Tyler Pipe Indus., Inc. v. Dep’t of Revenue, 96 Wn.2d 785, 789, 638 P.2d 1213 (1982). In 1996, the Legislature amended RCW 26.19.080(3), adding the following italicized language:

Day care and special child rearing expenses, such as tuition and long-distance transportation costs to and from the parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in the same [394]*394proportion as the basic child support obligation. If an obligor pays court or administratively ordered day care or special child rearing expenses that are not actually incurred, the obligee must reimburse the obligor for the overpayment if the overpayment amounts to at least twenty percent of the obligor’s annual day care or special child rearing expenses. The obligor may institute an action in the superior court or file an application for an adjudicative hearing with the department of social and health services for reimbursement of day care and special child rearing expense overpayments that amount to twenty percent or more of the obligor’s annual day care and special child rearing expenses. Any ordered overpayment reimbursement shall be applied first as an offset to child support arrearages of the obligor. If the obligor does not have child support arrearages, the reimbursement may be in the form of a direct reimbursement by the obligee or a credit against the obligor’s future support payments. If the reimbursement is in the form of a credit against the obligor’s future child support payments, the credit shall be spread equally over a twelve-month period. Absent agreement of the obligee, nothing in this section entitles an obligor to pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments.

RCW 26.19.080(3) (emphasis added).

In In re Marriage of Hawthorne, 91 Wn. App. 965, 957 P.2d 1296 (1998), Division One of this court held that the 1996 amendment did “not create a new right of action but merely clarifiefd] the procedures the obligor may use to recoup payments made for daycare expenses which are not incurred.” Hawthorne, 91 Wn. App. at 969. By focusing on the amendment’s procedural remedy,4 however, the Hawthorne court treated as surplusage the portion of the amendment that created a substantive obligation for mandatory reimbursement. A legislative body is presumed not to have used superfluous words, and we are bound to accord meaning, if possible, to every word in a statute. Applied [395]*395Indus. Materials Corp. v. Melton, 74 Wn. App. 73, 79, 872 P.2d 87 (1994); State v. Lundquist, 60 Wn.2d 397, 403, 374 P.2d 246 (1962). We believe the Hawthorne interpretation fails to give full weight to that portion of the amendment mandating repayment; a new statutory right. Thus, if equitable principles do not prevent Brian from bringing a motion to reimburse under RCW 26.19.080(3), Sally must

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Marriage of Sanborn
777 P.2d 4 (Court of Appeals of Washington, 1989)
State v. Lundquist
374 P.2d 246 (Washington Supreme Court, 1962)
Dickson v. United States Fidelity & Guaranty Co.
466 P.2d 515 (Washington Supreme Court, 1970)
Applied Industrial Materials Corp. v. Melton
872 P.2d 87 (Court of Appeals of Washington, 1994)
Tyler Pipe Industries, Inc. v. Department of Revenue
638 P.2d 1213 (Washington Supreme Court, 1982)
Hartman v. Smith
674 P.2d 176 (Washington Supreme Court, 1984)
Brost v. L.A.N.D., Inc.
680 P.2d 453 (Court of Appeals of Washington, 1984)
In Re the Marriage of Hawthorne
957 P.2d 1296 (Court of Appeals of Washington, 1998)
Matter of Marriage of Stern
846 P.2d 1387 (Court of Appeals of Washington, 1993)
In Re the Marriage of Hunter
758 P.2d 1019 (Court of Appeals of Washington, 1988)
Roy v. Cunningham
731 P.2d 526 (Court of Appeals of Washington, 1986)
Roon v. King County
166 P.2d 165 (Washington Supreme Court, 1946)
Ballard v. Wooster
45 P.2d 511 (Washington Supreme Court, 1935)
Crodle v. Dodge
168 P. 986 (Washington Supreme Court, 1917)

Cite This Page — Counsel Stack

Bluebook (online)
106 Wash. App. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-barber-washctapp-2001.