Jesse Holland, V. Katherine Holland
This text of Jesse Holland, V. Katherine Holland (Jesse Holland, V. Katherine Holland) 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.
Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of the Marriage of No. 86867-5-I JESSE JAMES HOLLAND, DIVISION ONE Appellant, UNPUBLISHED OPINION v.
KATHERINE JEANNIE HOLLAND,
Respondent.
HAZELRIGG, C.J. — Jesse Holland appeals from the order of the trial court
that modified the child support order previously entered in this matter. Jesse 1
asserts that the court erred in its finding regarding his gross monthly income
because it is unsupported by substantial evidence in the record. However,
because the court relied on its other findings, unchallenged on appeal, in reaching
the finding that Jesse recently received a multi-million-dollar inheritance and he
used sums from that inheritance in order to sustain himself while not employed, he
fails to carry his burden to establish reversible error, and we affirm.
FACTS
In 2018, several years after Jesse and Katherine were married to one
another and had a child together, Jesse filed a petition in Snohomish County
1 Because the parties share the same last name, we use their first names for clarity. No disrespect is intended. No. 86867-5-I/2
Superior Court seeking the dissolution of their marriage. The court later issued its
final dissolution decree along with a parenting plan and a child support order.
Several years later, Katherine filed a petition to modify the child support
order and parenting plan. A trial on her petition later commenced, where she was
represented by legal counsel and Jesse appeared pro se. Katherine and Jesse
each testified and were subject to cross-examination, and the court admitted 43
exhibits. At trial, Jesse testified that he recently received an inheritance, and
Katherine presented bank statements that she averred supported that Jesse had
drawn from this inheritance in order to sustain himself while not employed. The
court held that Jesse’s receipt of this inheritance warranted a modification to the
child support order. 2
The court later issued several orders and a child support schedule
worksheet. In its order entitled “Final Order and Findings on Petition to Change a
Parenting Plan or Custody Order,” the court stated as follows:
The court approves a change to child support. The changes to the parenting/custody order affect child support by:
Both parties received inheritance from the Estate of James Holland in 2023. The Mother received $186,819 in non- retirement sums, and the Father received over $5.1 million in non-retirement assets and sums. Both parties were awarded in excess of $5,000 in retirement amounts to grant each party a $416/month credit for retirement contributions.
The Mother has a new job and has new income of $5,883.14 per month.
2 The court also found that a modification to the child support order was proper because
Katherine “has a new job; she has new income. She’s also received an inheritance that allows her income to be considered and recalculated.” Jesse does not assign error to or otherwise challenge this finding.
-2- No. 86867-5-I/3
The Father is not employed but utilizes the sums from his inheritance by which to sustain himself, as demonstrated by the Father’s bank statements produced as evidence.
(Emphasis added.)
In the child support schedule worksheet, the court found that Jesse had total
gross monthly income of $425,000, derived exclusively from gross monthly “Other
Income” of the same amount. The court explained, on the fourth page of the
worksheet, that it had calculated Jesse’s income at “$5.1 million of non-retirement
cash funds he received in 2023, or $425,000 per month.” (Emphasis added.) The
court’s child support order similarly found that Jesse “inherited income from the
paternal grandfather’s estate in 2023 which is incorporated herein.” The court
ordered Jesse to pay a sum of $2,161.30 per month for child support.
Jesse timely appealed.
ANALYSIS
Jesse asserts that the trial court abused its discretion in ordering a
modification to the child support order based on its finding regarding his total gross
monthly income because substantial evidence in the record does not support that
finding. However, because the court set forth the challenged finding based on its
other findings as to Jesse’s inheritance and his reliance thereon, and because he
does not assign error to or otherwise challenge these other findings, his assertion
fails.
Our rules of appellate procedure require separate assignments of error to
each of the trial court’s factual findings that are contested. RAP 10.3(a)(4), (g). It
is well established that when a party fails to specifically challenge a trial court’s
-3- No. 86867-5-I/4
findings, such findings become verities on appeal. See, e.g., In re Marriage of
Brewer, 137 Wn.2d 756, 766, 976 P.2d 102 (1999); In re Est. of Lint, 135 Wn.2d
518, 533, 957 P.2d 755 (1998); Tapper v. Emp’t Sec. Dep’t, 122 Wn.2d 397, 407,
858 P.2d 494 (1993).
On appeal here, Jesse assigns error to the trial court’s finding that he had
gross “Other Income” of $425,000 per month and challenges this finding on the
basis that the court “did not explain how it reached this figure.” In so doing,
however, Jesse does not assign error to, challenge, or otherwise mention the trial
court’s finding that he received a $5.1 million inheritance. He also does not assign
error to or otherwise challenge the court’s finding that he “is not employed but
utilizes the sums from his inheritance by which to sustain himself, as demonstrated
by [his] bank statements produced as evidence.”
Jesse’s failure to assign error to or otherwise challenge the foregoing
findings is fatal to his appeal. The trial court plainly predicated its gross monthly
income finding on its separate findings regarding his $5.1 million inheritance and
his reliance thereon as a form of “Other Income.” Jesse does not challenge these
findings, and they are, therefore, verities on appeal. 3 These unchallenged
findings, now verities, separately support the trial court’s final calculation of child
3 When findings of fact are verities on appeal, our review is limited to determining whether
the findings support the trial court’s conclusions of law and judgment. In re Habeas Corpus of Santore, 28 Wn. App. 319, 323, 623 P.2d 702 (1981). “[U]nchallenged conclusions of law become the law of the case.” In re Marriage of Laidlaw, 2 Wn. App. 2d 381, 386, 409 P.3d 1184 (2018). Jesse does not otherwise challenge the trial court’s conclusions of law.
-4- No. 86867-5-I/5
support. Given this, he has not established an abuse of discretion by the trial
court. 4 Accordingly, he does not establish an entitlement to appellate relief. 5
Affirmed.
WE CONCUR:
4 Jesse also assigns error to the court’s calculation of his monthly child support payments.
However, this assignment of error has, in effect, the same flaw as the assignment of error discussed herein. 5 Katherine requests an award of attorney fees under RAP 18.9(a). Under that rule, we
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