In re the Marriage of Sagner

159 Wash. App. 741
CourtCourt of Appeals of Washington
DecidedJanuary 31, 2011
DocketNo. 64074-7-I
StatusPublished
Cited by16 cases

This text of 159 Wash. App. 741 (In re the Marriage of Sagner) 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 Sagner, 159 Wash. App. 741 (Wash. Ct. App. 2011).

Opinion

Schindler, J.

¶1 — Rory Sagner appeals denial of her motion to dismiss Karl Sagner’s petition to modify the child support order to provide for postsecondary education support of their daughter. Rory claims the court did not have jurisdiction to modify the child support order because Karl did not comply with the requirements of RCW 4.16.170, the statute that tolls a statute of limitations by timely filing and serving the petition within 90 days of their daughter’s graduation from high school.1 Because the court had con[745]*745tinuing jurisdiction to modify the child support order in this case, and Karl complied with the requirements of former RCW 26.09.175 (2002),2 the specific statute that governs the filing and service of a petition to modify child support, we affirm.

¶2 The decree of dissolution of the marriage between Karl and Rory was entered on February 27, 2003. The parenting plan designated Karl as the primary residential parent of their 13-year-old daughter Keira. The decree states that “[c]hild support shall be paid in accordance with the order of child support.” The order of child support requires Rory to pay Karl monthly child support payments of $270.71 beginning January 1, 2003. Paragraph 3.13 of the child support order states, “Support shall be paid until the child reaches the age of 18 or as long as the child remains enrolled in high school, whichever occurs last, except as otherwise provided in Paragraph 3.14.” Paragraph 3.14 of the order addresses postsecondary education support. Paragraph 3.14 states, “The right to petition for post secondary support is reserved, provided that the right is exercised before support terminates as set forth in paragraph 3.13.”

¶3 Keira turned 18 on September 4, 2007, at the beginning of her last year in high school. Keira applied for early admission to the University of Chicago and was accepted. The annual cost of attending the University of Chicago is more than $50,000. Karl wanted Keira to attend the University of Chicago. Keira enrolled in classes beginning in fall 2008. Keira graduated from high school on June 6,2008.

¶4 On June 3, three days before Keira graduated from high school, Karl filed a summons for modification of child support and a petition to modify the February 27,2003 child support order.

¶5 In the petition, Karl alleged Keira was “in need of post secondary education support because the child is in fact [746]*746dependent and is relying upon the parents for the reasonable necessities of life.” Karl served Rory by certified first class mail at a post office box address. Rory signed a return receipt on October 9, acknowledging receipt of the summons and petition to modify the child support order.

¶6 Rory’s attorney filed a notice of appearance on October 15. In her “Response to Petition for Modification of Child Support,” Rory alleges that “[t]he order of Child Support should not be modified as Petitioner did not timely file and serve the Petition on Respondent.”

¶7 Rory filed a motion for summary judgment dismissal of the petition. Rory argued that the petition to modify child support was not timely because “service was not effectuated within 90 days” for purposes of tolling the provision in the child support order that terminated support when Keira reached 18 or prior to her graduation from high school.3 In opposition, Karl argued that the specific statute governing modification of an order of child support, former RCW 26.09.175, controlled. Karl asserted that he complied with the requirements of former RCW 26.09.175 by timely filing the petition and serving Rory by certified mail. The court denied Rory’s motion for summary judgment dismissal of the petition.4

¶8 Following denial of the motion to dismiss the petition to modify child support, Karl and Rory engaged in arbitration. During the arbitration, Karl testified that he “would guarantee his daughter’s college education” at the University of Chicago.

¶9 The arbitrator issued the arbitration award on June 16, 2009. The arbitrator ruled that the postsecondary support obligation should be calculated based on two years of attending community college and two years at the Univer[747]*747sity of Washington, resulting in a monthly support obligation of $817 for Karl and $400 a month for Rory until Keira’s 23rd birthday. Neither party filed a request for a trial de novo.

¶10 Based on the arbitration award, the court entered an order of child support requiring Karl to pay $817 per month for postsecondary education and Rory to pay Keira $400 a month beginning September 1, 2008, and terminating the last day of the month when Keira turns 23 as long as she is enrolled full time in college. The court also entered findings of fact and conclusions of law. The court found Keira was dependent and in need of postsecondary education support, and incorporated the arbitration award and the child support worksheets.

¶11 On appeal, Rory claims the court erred in denying her motion to dismiss because Karl’s petition to modify child support was not timely commenced under the terms of the child support order and the requirements of the statute that tolls a statute of limitations, RCW 4.16.170.

¶12 When reviewing an order on summary judgment, an appellate court engages in the same inquiry as the trial court. Kruse v. Hemp, 121 Wn.2d 715, 722, 853 P.2d 1373 (1993). A party is entitled to summary judgment if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Kruse, 121 Wn.2d at 722; CR 56(c).

¶13 When interpreting a statute, our primary objective is to ascertain and carry out the legislature’s intent. Alpine Lakes Prot. Soc’y v. Dep’t of Ecology, 135 Wn. App. 376, 390, 144 P.3d 385 (2006). We first look to the plain meaning of the statute. If the statute is unambiguous, we derive legislative intent from the language alone. Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224, 242-43, 59 P.3d 655 (2002).

¶14 We also must give effect to all of the statutory language so that “ ‘no portion [is] rendered meaningless or [748]*748superfluous.’ ” Davis v. Dep’t of Licensing, 137 Wn.2d 957, 963, 977 P.2d 554 (1999) (quoting Whatcom County v. City of Bellingham, 128 Wn.2d 537, 546, 909 P.2d 1303 (1996)).

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