IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
In the Matter of the Marriage of No. 82190-3-I FRANK YOUNG JR.,
Respondent/Cross Appellant,
and UNPUBLISHED OPINION
AGUNG AYU YOUNG,
Appellant/Cross Respondent.
BOWMAN, J. — Agung Ayu Young appeals from orders the trial court
issued when it dissolved her 12-year marriage. She challenges several of the
trial court’s findings of fact, its distribution of the community portion of her
retirement account, its child support order, and its denial of her request for
attorney fees. Frank Young Jr. conditionally cross appeals should we remand on
any of Agung’s1 claims. Finding no reversible error, we affirm.
FACTS
Agung and Frank met in the summer of 2006. At the time, Agung worked
as a phlebotomist at Puget Sound Blood Center.2 She owned a rental property in
Bali, Indonesia, and had a retirement account through her employer. Frank had
retired from working as a crew coordinator for Seattle City Light. He received a
1 We refer to Agung Ayu Young and Frank Young Jr. by their first names for clarity. We mean no disrespect. 2 In 2015, Puget Sound Blood Center became Bloodworks Northwest.
Citations and pin cites are based on the Westlaw online version of the cited material. No. 82190-3-I/2
pension and had a city of Seattle deferred compensation plan (DCP) as well as
an individual retirement account (IRA). Frank also owned several properties. He
had a house in Seattle, a rental property with three apartment units and one
office space in West Seattle, and an undeveloped parcel of land in Skagit
County.
In December 2006, the parties moved in together. They married in
January 2008. A month after marrying, the parties’ first daughter was born.
Their second daughter was born in 2009.
The parties did not open a joint bank account. During the marriage, Frank
had at least one separate account in which he deposited his pension and rental
income. Frank paid for insurance, taxes, utilities, maintenance, and other costs
related to the Seattle and West Seattle properties from his separate bank
account. Agung had two separate bank accounts. In one, she deposited rent
from her Bali property. In the other, she deposited her paychecks.
Though Frank and Agung maintained separate bank accounts, they
shared financial responsibility for maintaining the household. Frank paid for
housing and car costs while Agung paid for groceries, health insurance for the
children, and uninsured medical expenses. That financial arrangement allowed
Agung to maximize her retirement contributions.
In 2013, Frank and Agung bought a piece of land in Grant County. They
never developed the property. In June 2019, the couple bought a house in Kent.
In early September 2019, Agung withdrew $24,000 from accounts the couple
established for their children and applied the funds to the principal on the Kent
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house. Less than a month later, in late September 2019, the couple separated
and Frank petitioned to dissolve their marriage.
The five-day trial began in August 2020. On November 10, 2020, the trial
court entered a final dissolution decree, final parenting plan, final child support
order and worksheets, and “Findings and Conclusions about a Marriage.” The
court used the standard form to issue its Findings and Conclusions about a
Marriage but also included “Attachment A," which listed additional findings of fact
1 through 35 and conclusions of law 36 through 93. The court also referenced
“Exhibit 1” in its findings and conclusions, which it attached to Attachment A.
Exhibit 1, titled “Young Asset Sheet,” is an Excel spreadsheet that lists the values
of Agung and Frank’s assets and debts and their separate and community
property.
The trial court found that Frank and Agung were in a committed intimate
relationship (CIR) by April 2007 and married in January 2008. It characterized
the Seattle house as Frank’s separate property but found that $73,307 of the
value was Agung’s separate property based on a payment she made to satisfy its
mortgage in 2009. It also determined that the West Seattle rental, the
undeveloped Skagit County land, two bank accounts, several vehicles, and
Frank’s pension, DCP, and IRA were Frank’s separate property. The court
characterized as Agung’s separate property the Bali rental and the pre-CIR
portion of her retirement account. The court awarded each party their separate
property. In total, the court awarded Frank $1,848,222 and Agung $211,274 in
separate property.
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The court characterized the Grant County land and the Kent house as
community property, which it then awarded to Agung. It valued the Kent house
at $465,500 subject to a $385,000 mortgage, leaving $80,500 in equity. The
court also characterized as community property the rest of Agung’s retirement
account, awarding 35 percent to Frank and 65 percent to Agung.3 In total, the
court awarded Frank $209,118 and Agung $467,653 in community property.
The court issued a parenting plan under which the children reside with
Frank 213 nights per year and with Agung 152 nights per year.4 It ordered child
support based on the standard calculation, requiring Agung to make a monthly
transfer payment of $1,079.66. Agung asked for attorney fees, which the court
denied, finding that “neither party has the ability to pay the other party’s
attorney’s fees.”
Both parties moved for reconsideration. Frank sought reconsideration of
the court’s characterization of Agung’s mortgage payment on the Seattle house
as her separate property. Agung sought reconsideration of her child support
obligation, arguing for the first time that the court should deviate from the
standard child support calculation because of the substantial amount of
residential time it awarded her in the parenting plan. She also sought
reconsideration of several property division findings, arguing insufficient evidence
3 The court also valued and distributed several vehicles, a gun collection, several BECU
(Boeing Employees’ Credit Union) bank accounts, and credit card debt. Neither party challenges those distributions on appeal. 4 The children reside with Agung on the first, third, fourth, and any fifth weekend each
month.
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supports them, as well as the court’s denial of her request for attorney fees. The
court denied Frank’s motion but it did not rule on Agung’s motion.
Agung appeals. Frank “conditionally cross-appeals,” asking us to consider
his assignments of error only if we remand on any of Agung’s claims.
ANALYSIS
Agung challenges several of the trial court’s findings of fact, its distribution
of the community portion of her retirement account, its failure to deviate from the
standard child support calculation, and its denial of her request for attorney fees.
I. Findings of Fact
Agung argues that substantial evidence does not support four of the trial
court’s findings of fact. We will “uphold a finding of fact if substantial evidence
exists in the record to support it.” In re Marriage of Burrill, 113 Wn. App. 863,
868, 56 P.3d 993 (2002). Evidence is substantial if it exists in a sufficient
quantum to persuade a fair-minded person of the truth of the declared premise.
Id. So long as substantial evidence supports the finding, it does not matter that
other evidence may contradict it. Id. We leave credibility determinations to the
trier of fact and do not review them. Id.
A. Finding of Fact 15
In its finding of fact 15 in Attachment A to the Findings and Conclusions
about a Marriage, the trial court found that the Kent house “purchase price was
$465,500” and its “value is $465,500.” Agung contends that no substantial
evidence supports the trial court’s finding that the “purchase price” of the Kent
house was $465,500.
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The record shows conflicting evidence about the purchase price of the
Kent house. Agung’s loan application lists the purchase price as $460,000. The
King County tax assessor’s website shows the purchase price was $456,500.
Agung also testified that the purchase price was $456,500. In her answers to
interrogatories, Agung listed the purchase price as $465,500. But the court did
not admit those interrogatories as evidence at trial. As a result, substantial
evidence does not support the trial court’s finding that the purchase price of the
Kent house was $465,500.
Even so, “an erroneous finding of fact not materially affecting the
conclusions of law is not prejudicial and does not warrant reversal.” Skagit
County Pub. Hosp. Dist. No. 1 v. Dep’t of Revenue, 158 Wn. App. 426, 449, 242
P.3d 909 (2010). For the purpose of property distribution, the relevant value of
the house was the value at dissolution, not what the parties purchased it for. And
the trial court used the value at the time of dissolution in its award of property.
Agung does not challenge the trial court’s determination in finding of fact 15 that
the “value” of the Kent house at dissolution was $465,500. Nor does she assign
error to conclusion of law 61 where the court reaches the same conclusion (“The
Court awards Respondent the . . . home in Kent, which has a value of $465,500
subject to the mortgage.”). Because Agung fails to show that the erroneous
finding about the purchase price of the Kent house materially affected the court’s
conclusion on its value at dissolution, the error does not warrant reversal.
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B. Finding of Fact 17
Agung argues that no substantial evidence supports the finding that her
withdrawal of $24,000 from the children’s accounts “was a pre-distribution that
occurred after the parties separated.”
In its finding of fact 17 in Attachment A, the trial court found that Agung
withdrew $24,000 from accounts the parties created on behalf of their children
without Frank’s consent. It ordered Agung repay the funds, “or if the funds are
no longer available, the Court will deem those withdrawn funds a predistribution
to the mother.” Agung does not dispute that she unilaterally withdrew the funds.
Instead, she argues that the withdrawal was not a predistribution because the
bank statements for the children’s accounts show that she withdrew the money
before the parties separated. But the trial court made no findings about when
Agung withdrew the money. And as much as Agung suggests the trial court
erred as a matter of law in assigning the debt to her as a predistribution, she
offers no authority in support of her argument, so we do not reach it. See RAP
10.3(a)(6); Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801, 809, 828
P.2d 549 (1992) (When an appellant provides no authority in support of her
proposition, we need not consider it.)
C. Wire Transfers
Agung argues that no substantial evidence supports the trial court’s
assignment to her of unpaid accounts receivable for three wire transfers she
made to family from community assets. The trial court did not issue findings of
fact about the transfers. But the court assigned the wire transfers to Agung as
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accounts receivable in the Young Asset Sheet.5 So we treat the assignment as a
finding that we review for substantial evidence.
Agung testified that she loaned $17,000 of community funds to her brother
in Bali to add a bedroom onto his house for their ill father. She said that her
brother already repaid that loan and that the parties used the money for vacation.
According to Agung, her brother returned the money over three trips the family
made to Bali by withdrawing cash from an ATM.6 Frank testified that he opposed
the $17,000 transfer. But he did not testify about whether Agung’s brother repaid
the debt. Because uncontroverted testimony in the record shows that Agung’s
brother repaid the $17,000 wire transfer to the community, substantial evidence
does not support assignment of the wire transfer to Agung as an unpaid account
receivable.
Agung testified that she later transferred $9,000 of community funds to her
family as a gift to cover funeral expenses for her father. She testified that she
and Frank agreed to send the money so they could avoid making two trips to Bali
for her father’s funeral—“one for cremation and the second one for . . . picking up
the holy spirit from the ocean.” By sending the money, they could complete the
ceremony in one trip and save about $5,000 on airfare. Frank testified that he
had no recollection of the $9,000 transfer. Because the only evidence in the
record is that the wire transfer was a gift, substantial evidence does not support
assignment of the wire transfer to Agung as an unpaid account receivable.
5 Exhibit 1 of Attachment A to the trial court’s Findings and Conclusions about a
Marriage. 6 Automated teller machine.
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Lastly, Agung testified that she wired $5,000 of community funds to her
niece to pay taxes for her house in Bali. Frank testified Agung sent the $5,000 to
one of her nephews for legal fees over his objection. We defer to the trial court
on issues of credibility. In re Marriage of Greene, 97 Wn. App. 708, 714, 986
P.2d 144 (1999). And no testimony established that anyone repaid the money to
the community. Substantial evidence supports the trial court’s assignment of this
wire transfer to Agung as an unpaid account receivable.
While substantial evidence does not support the assignment of the
$17,000 and $9,000 wire transfers to Agung as assets, we need not reverse if
the trial court’s decree, despite such an error, was otherwise fair, just, and
equitable. In re Marriage of Brady, 50 Wn. App. 728, 432, 750 P.2d 654 (1988);
In re Marriage of Pilant, 42 Wn. App. 173, 181, 709 P.2d 1241 (1985). The trial
court valued the community estate at $676,771 in its entirety.7 The court
awarded Agung 69 percent of those assets, or $467,653. Excluding the two
improperly characterized wire transfers, the community property is worth
$650,771 and Agung’s award is $441,653. The recalculated award to Agung
amounts to 68 percent of the community estate. Excluding the erroneous
accounts receivable, the trial court’s award is still fair and equitable and we need
not reverse.
7 We note that the Young Asset Sheet values the total community estate at $673,464.
But based on the amounts awarded to each party ($467,653 plus $209,118), the total value equals $676,771.
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D. Finding of Fact 90
In its finding of fact 90,8 the trial court found that Frank “does not have any
net rental income” from his West Seattle property “after deducting business
expenses” from rent payments. Agung argues that substantial evidence does not
support the court’s finding that Frank has no income from the West Seattle rental.
Agung first argues that there is no evidence the West Seattle property
expenses exceeded the rental income in 2020. Frank testified that the property
was built in 1926 and had four units, three of which he rented out in 2020 for a
total of $4,000 per month. But Frank also testified that he incurred expenses
related to the units and that his federal tax returns reflected the expenses and
lost income. Tax returns from 2015 to 20189 show the rental had a net loss.
Substantial evidence supports the finding that historically, the rental unit did not
net proceeds.
Agung next argues it was error for the court “to assume” that the rental
would also net no income in 2020. But at trial, Frank testified about major
upcoming repairs needed on the West Seattle rental. According to Frank, the
building’s plumbing is “old” and has “gotten to the place where it just needs to be
repiped.” And because it is a commercial building, the plumbing “all has to be
redone in steel, which takes pipe threaders and it’s a pretty elaborate process.”
To do that, Frank testified that he will likely need to vacate the building. Given
8 The trial court labeled this as a conclusion of law. We treat findings erroneously described as conclusions of law as findings of fact. Willener v. Sweeting, 107 Wn.2d 388, 394, 730 P.2d 45 (1986). 9 We note that the trial court’s finding references Frank’s “2015 to 2019 tax returns.”But his 2019 tax return is not in the appellate record. It appears the court considered Frank’s 2019 tax return as “Exhibit 1” at trial for identification purposes only and did not admit it.
10 No. 82190-3-I/11
Frank’s testimony about upcoming repairs, substantial evidence supports the
court’s finding in relation to rental income for 2020.
Lastly, Agung argues that she offered evidence showing unaccounted for
rental income from 2017 to 2019. But again, it is the trial court’s responsibility to
resolve issues of conflicting evidence, and so long as substantial evidence
supports the finding, we will affirm even if other evidence may contradict it.
Burrill, 113 Wn. App. at 868. The tax documents and Frank’s testimony amount
to substantial evidence that support the finding.
II. Property Distribution
Agung argues that the court abused its discretion by awarding Frank 35
percent of her retirement account given the disparity between the parties’
community and separate property awards. We disagree.
A trial court in a dissolution proceeding must make a “just and equitable”
distribution of property. RCW 26.09.080. In doing so, it must consider all
relevant factors, including (1) the nature and extent of the community property,
(2) the nature and extent of the separate property, (3) the duration of the
marriage, and (4) the economic circumstances of each party at the time of the
property division. RCW 26.09.080. While the property division must be just and
equitable, it need not be equal. In re Marriage of Larson, 178 Wn. App. 133, 138,
313 P.3d 1228 (2013). Because trial courts are “in the best position to determine
what is fair, just, and equitable,” we give them “broad discretion.” In re Marriage
of Wallace, 111 Wn. App. 697, 707, 45 P.3d 1131 (2002). We will not disturb a
trial court’s award absent a showing that it abused its discretion. Id. “A court
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abuses its discretion when its decision is manifestly unreasonable or based on
untenable grounds or for untenable reasons.” Id.
When distributing the community portion of Agung’s retirement account,
the court considered Frank’s substantial pension income, his DCP income, and
his ability to earn future rental income from his West Seattle property. It also
considered the parties’ financial arrangement during the marriage that allowed
Agung to maximize contributions to her retirement plan with community assets.
The court recognized that Agung “is in a significantly inferior economic position in
light of [Frank]’s considerable separate property” but also acknowledged that
Agung has “many years” of contributions ahead of her to prepare for retirement.10
Balancing those factors, the court determined that a 35/65 split of the retirement
plan in Agung’s favor was appropriate. That was not an abuse of discretion.
III. Child Support
Agung asserts the trial court erred by declining to deviate from the
standard child support calculation. But the record shows Agung did not argue for
a deviation at trial. Instead, she requested a deviation for the first time in her
motion for reconsideration.11 In her motion to reconsider, Agung argued, “Based
on the facts presented at trial and based on the Court’s Parenting Plan, it would
be a substantial injustice not to award a deviation.” The record contains no ruling
on Agung’s motion to reconsider. Because Agung’s motion is still pending before
10 At trial, Frank was 62 years old and Agung was 46.
11 Agung requested a deviation from the standard calculation for temporary child support,
which a court commissioner denied. And while the final child support order says that there was a “deviation requested by Agung,” the record shows Agung did not brief the issue or raise it during the five-day trial.
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the trial court, we do not consider her assignment of error. See RAP 2.2(a)(1),
(13) (generally, a party may appeal only a final judgment or order).
IV. Attorney Fees
Agung argues that the trial court erred by denying her request for attorney
fees. We disagree.
A party to a dissolution action is not entitled to attorney fees as a matter of
right. In re Marriage of Stachofsky, 90 Wn. App. 135, 148, 951 P.2d 346 (1998).
But trial courts have discretion to award attorney fees under RCW 26.09.140 and
can consider the parties’ relative needs versus their ability to pay. In re Marriage
of Anthony, 9 Wn. App. 2d 555, 568, 446 P.3d 635 (2019). We review a trial
court’s attorney fee order for an abuse of discretion. In re Marriage of Laidlaw, 2
Wn. App. 2d 381, 392, 409 P.3d 1184 (2018).
Here, the trial court denied Agung’s requests for attorney fees, finding that
“neither party has the ability to pay the other party’s attorney’s fees.” Agung
argues the court abused its discretion because the evidence at trial “clearly
shows that the disparity between [her] and [Frank’s] resources is significant and
substantial.”
In deciding whether to award attorney fees, the trial court considered
Frank’s financial declaration showing a net monthly income of $3,889.03 and
total available assets of $607,500.00. Frank also declared that as of August 21,
2020, he had paid $62,742.00 in attorney fees. Agung submitted her financial
declaration showing a net monthly income of $3,582.00 and total available assets
of $1,100.00. She also declared that as of May 27, 2020, she had paid
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$9,500.00 in attorney fees. While Frank declared more assets than Agung, the
declarations show that both parties have similar postdissolution income. The trial
court did not abuse its discretion by denying Agung’s request for attorney fees.
Finding no reversible error, we affirm the final dissolution orders.12
WE CONCUR:
12 Because we affirm the trial court on each of Agung’s assignments of error, we do not
reach Frank’s conditional cross appeal.