In re the Marriage of Schumacher

100 Wash. App. 208
CourtCourt of Appeals of Washington
DecidedApril 3, 2000
DocketNo. 44172-8-I
StatusPublished
Cited by62 cases

This text of 100 Wash. App. 208 (In re the Marriage of Schumacher) 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 Schumacher, 100 Wash. App. 208 (Wash. Ct. App. 2000).

Opinion

Webster, J.

— Mark Watson and Joanne Schumacher divorced and agreed to a retroactive method for calculating child support. Under this method, Watson’s erratic employment decreased his child support obligations retroactively and caused Schumacher to owe money to Watson. She sought a modification of the child support order to eliminate the retroactive method and to impute income to Watson. The trial court modified the child support order and imputed income to Watson because it found that Watson was voluntarily underemployed and that the previous method created severe economic hardship for his child. Watson appeals arguing that the trial court abused its discretion in: 1) modifying the order of child support; 2) finding him voluntarily underemployed and imputing income to him, but not to his former wife; 3) increasing his health insurance liability; and 4) not awarding him attorney fees. We affirm because the trial court did not abuse its discretion. Schumacher seeks attorney fees and costs for a frivolous appeal. Because there is some merit to Watson’s claims, we deny attorney fees and costs on appeal.

FACTS

Mark Watson and Joanne Schumacher divorced in 1991. In their dissolution decree, they agreed to a method for calculating child support. The method required an annual retroactive review and recalculation of child support by an [211]*211accountant after each parent had already contributed child support. But, under this method, Watson’s erratic employment retroactively decreased his child support obligations so much so that Schumacher had to pay back Watson for money he overpaid. Schumacher sought a modification of the child support order to eliminate this retroactive method. On February 18, 1999, the trial court modified the previous child support order because it created severe economic hardship on their child Juliet’s financial needs. It found that the previous method of calculating child support was unwieldy and unpredictable because it annually and retroactively modified past support. After displacing this method, the court found Watson voluntarily underemployed and imputed income to him at a rate of $2,118 according to the standard child support schedule. RCW 26.19 app. Watson admitted that he averages only 8.9 working days a month, though sometimes he spends 16 hours at work. Nevertheless, he appeals.

DISCUSSION

There is some dispute between the parties as to the standard of review for this appeal. The Court of Appeals reviews a modification of child support for abuse of discretion where the challenging party must demonstrate that the trial court’s decision is manifestly unreasonable, based on untenable grounds, or granted for untenable reasons. In re Marriage of Peterson, 80 Wn. App. 148, 152, 906 P.2d 1009 (1995). For the reasons stated below, there is no abuse of discretion.

In addition, substantial evidence must support the trial court’s findings of fact. Peterson, 80 Wn. App. at 153. Watson challenges the findings that the previous support order created severe economic hardship, was unwieldy and unpredictable, and did not meet the child’s financial needs. Upon review of the record, we find that substantial evidence supports the trial court’s findings. In 1992, 1994, and 1995, Watson owed Schumacher $899, $115, and $271, respectively. But, in 1993, 1996, and 1997, Schumacher [212]*212owed Watson $1,296, $3,069, and $1,650, respectively. These figures support the findings that the method of calculation was unwieldy and unpredictable. As a result, the child support method denied Schumacher an opportunity to budget their child’s financial needs and therefore created severe economic hardship.

Watson also assigns error to the finding that the previous order acts as an annual retroactive modification of past support. The law prohibits retroactive modification of child support because it opens the door to uncertainties, costs and hardship. Cf. In re Marriage of Ortiz, 108 Wn.2d 643, 648-49, 740 P.2d 843 (1987) (retroactive application of escalation clauses creates substantial uncertainties); Mathews v. Mathews, 1 Wn. App. 838, 842-43, 466 P.2d 208 (1970) (retrospective modification of accrued child support not allowed). As a general rule, child support payments become vested judgments when each installment is due. In re Marriage of Stoltzfus, 69 Wn. App. 558, 561, 849 P.2d 685 (1993). Special circumstances of an equitable nature may justify an exception to this rule and allow a court to credit child support payments if such can be done without injustice to the other party. Mathews, 1 Wn. App. at 843; see also Stoltzfus, 69 Wn. App. at 562. Nonetheless, chapter 26.19 RCW controls the method of calculation. See also RCW 26.09.100, .170(8)(a) (adjustment allowed only once every 24 months by filing a motion and child support worksheets). The only exception to the statutory method is by “deviation” as provided in the statute and supported by the evidence. RCW 26.19.075(2). Here, Watson and Schumacher estimated support, and later had an accountant adjust it after the fact, requiring either a refund or an extra payment. This method of calculation constitutes an annual retroactive modification of past support and does not comply with the controlling statute.

I

Uncontested Froceeding

Watson initially asks whether the trial court [213]*213abused its discretion by modifying the method of calculation without first finding a substantial change in circumstances. Washington courts have general and equitable powers to modify any order pertaining to child support payments when the child’s needs and parents’ financial ability so require. Pippins v. Jankelson, 110 Wn.2d 475, 478, 754 P.2d 105 (1988). Just because the parties have an agreement on child support does not mean that the courts cannot revise it. Pippins, 110 Wn.2d at 479. It is true that, as a general rule, courts must find a substantial change of circumstances before modifying an order. Pippins, 110 Wn.2d at 480. But, this general rule presumes that the court independently examined the evidence after a fully contested hearing. Pippins, 110 Wn.2d at 480-81. Where a court order arises from an uncontested proceeding, we presume otherwise and, therefore, the court need not find a substantial change of circumstances. Pippins, 110 Wn.2d at 481-82.

Here, the parties came to an agreement on child support in an uncontested proceeding. Consequently, there is a presumption that the court did not independently examine the evidence. Pippins, 110 Wn.2d at 482. Watson has not overcome this presumption with clear evidence to the contrary. Therefore, the court need not find a substantial change of circumstances to modify the child support order.

II

Voluntarily Underemployed

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100 Wash. App. 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-schumacher-washctapp-2000.