In Re the Marriage of Johnson

634 P.2d 877, 96 Wash. 2d 255, 1981 Wash. LEXIS 1257
CourtWashington Supreme Court
DecidedOctober 15, 1981
Docket46752-8
StatusPublished
Cited by47 cases

This text of 634 P.2d 877 (In Re the Marriage of Johnson) 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
In Re the Marriage of Johnson, 634 P.2d 877, 96 Wash. 2d 255, 1981 Wash. LEXIS 1257 (Wash. 1981).

Opinions

Utter, J.

RCW 74.20.040 allows the Department of Social and Health Services (DSHS) to collect past due child support for children not receiving public assistance. The Superior Court ruled the act violates Const, art. 7, § 1 (amendment 14) and Const, art. 8, § 5, and granted a summary judgment to a delinquent father. We disagree and accordingly reverse.

Andrew and Virginia Johnson were divorced in April 1975. Virginia retained custody of their youngest child, and Andrew was ordered to pay child support. When he failed to do so, Mrs. Johnson asked DSHS to institute collection procedures.

Pursuant to RCW 74.20.040, DSHS offers support enforcement services to children with court ordered support decrees. Participation in the program requires an initial $20 fee and a monthly payment of $10, or 10 percent of the support collected, whichever is less. WAC 388-14-315. These fees defray less than one-half the cost of the services. In fiscal year 1977-78, the program cost $983,089 to administer, the support collections amounted to $6,494,383, and the paid fees totaled $483,308. The federal government directly reimbursed the State for 75 percent of the remaining costs, 42 U.S.C. § 655(a)(1), reducing the State's net cost of administration to $124,945. As a result of the program, the State obtained $3,600,000 more in federal funds than it would have otherwise received, an amount equal to 5 percent of the total federal assistance to the State's welfare programs. 42 U.S.C. § 603(h).

At the time of her request, Mrs. Johnson's monthly income exceeded $1,000 and neither she nor her minor child was eligible for any public assistance. DSHS commenced [258]*258collection efforts by sending Mr. Johnson a notice of the debt and demanding payment of past-due support totaling $1,770. He resisted, filed a lawsuit, naming DSHS as a third party defendant, and requested a summary judgment which was granted on the ground that RCW 74.20.040 is unconstitutional.

Mr. Johnson contends that RCW 74.20.040 violates Const, art. 7, § 1 (amendment 14) and Const, art. 8, § 5, in that the net cost of providing child support collection services is a gift of public monies for a private purpose. To prevail, he must demonstrate that statute's "invalidity beyond a reasonable doubt" and rebut the presumption that all legally necessary facts exist. Bellevue v. State, 92 Wn.2d 717, 720, 600 P.2d 1268 (1979); State v. Primeau, 70 Wn.2d 109, 111, 422 P.2d 302 (1966); Clark v. Dwyer, 56 Wn.2d 425, 353 P.2d 941 (1960). This court will sustain statutes whenever it can conceive any set of facts which support the statute's constitutionality, see State v. J-R Distribs., Inc., 82 Wn.2d 584, 512 P.2d 1049 (1973); Spokane v. Carlson, 73 Wn.2d 76, 80, 436 P.2d 454 (1968), and will accept as a verity any legislative declaration of the statute's public purpose, unless arbitrary or unreasonable. See Frach v. Schoettler, 46 Wn.2d 281, 280 P.2d 1038, cert. denied, 350 U.S. 838 (1955); State ex rel. Gray v. Martin, 29 Wn.2d 799, 189 P.2d 637 (1948).

I

Const, art. 7, § 1 (amendment 14) provides:

All taxes shall be uniform upon the same class of property within the territorial limits of the authority levying the tax and shall be levied and collected for public purposes only.

It requires that government expenditures further public purposes. United States v. North Bonneville, 94 Wn.2d 827, 621 P.2d 127 (1980); State ex rel. Collier v. Yelle, 9 Wn.2d 317, 115 P.2d 373 (1941). An expenditure is for a public purpose when it confers a benefit of reasonably general character to a significant part of the public. Bonneville, [259]*259at 834, quoting 15 E. McQuillin, Municipal Corporations § 39.19, at 31-32 (3d ed. 1970); Anderson v. O'Brien, 84 Wn.2d 64, 524 P.2d 390 (1974).

The State argues that RCW 74.20.040 furthers several public purposes, and hence is constitutional. As evidence of these purposes, it points to the legislative declarations in RCW 74.20 and its companion chapter, RCW 74.20A. The alleged public purposes are: (1) ensure that provision is made for the children's "support, education, and training, to the end that they may grow up to be worthy and useful citizens", Corson v. Corson, 46 Wn.2d 611, 615, 283 P.2d 673 (1955); (2) keep children and their custodians off welfare and thus reduce the taxpayers' burden, RCW 74.20-.010; S. Rep. No. 96-336, 96th Cong., 2d Sess., reprinted in [1980] U.S. Code Cong. & Ad. News 1448; (3) reduce financial dependency and social delinquency, RCW 74.20.010; (4) reduce the "increasing workload of courts, prosecuting attorneys, and the attorney general", RCW 74.20A.010; (5) make the collection of child support more effective and efficient, since existing techniques have proven ineffective and thus have frustrated enforcement of court decrees, RCW 74.20.010; RCW 74.20A.010; and (6) discourage nonsupport generally. See S. Rep. No. 96-336, supra-, Stouder, Child Support Enforcement and Establishment of Paternity as Tools of Welfare Reform — Social Services Amendments of 1974, pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), 52 Wash. L. Rev. 169 (1976).

Mr. Johnson challenges those stated purposes, arguing that the real purpose for the scheme is to confer a direct benefit to the child’s custodian, in that she or he is able to use the State's resources to get the support decree enforced at a fraction of the cost of employing a private attorney.

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Bluebook (online)
634 P.2d 877, 96 Wash. 2d 255, 1981 Wash. LEXIS 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-johnson-wash-1981.