Kalvin Michael Kronmeyer v. Meredith Faye Guesman

CourtCourt of Appeals of Washington
DecidedSeptember 17, 2024
Docket58197-3
StatusUnpublished

This text of Kalvin Michael Kronmeyer v. Meredith Faye Guesman (Kalvin Michael Kronmeyer v. Meredith Faye Guesman) 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
Kalvin Michael Kronmeyer v. Meredith Faye Guesman, (Wash. Ct. App. 2024).

Opinion

Filed Washington State Court of Appeals Division Two

September 17, 2024

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II In the Matter of the Parenting and Support of: No. 58197-3-II

K.K.,

A Minor Child.

KALVIN KRONMEYER, UNPUBLISHED OPINION

Appellant,

and

MEREDITH FAYE GUESMAN,

Respondent.

VELJACIC, A.C.J. — Kalvin Kronmeyer appeals the trial court’s order rejecting his

proposed parenting plan of 50/50 shared residential time. He argues the court should have awarded

50/50 time since it found no evidence of abuse, neglect, or abandonment. He also argues the court

erred in calculating child support and erred in awarding Meredith Guesman attorney fees. Because

the trial court did not abuse its discretion in determining residential time, we affirm the trial court’s

parenting plan. However, we reverse the child support order and remand for recalculation of child

support, and we reverse the award of attorney fees.

FACTS I. BACKGROUND

Kronmeyer and Guesman share a son in common. Before their son was born, but while

Kronmeyer and Guesman were still in a relationship, Kronmeyer moved to Idaho for work while 58197-3-II

Guesman remained in Washington where she lived with her two other children from a different

relationship. After their son was born in Washington, Kronmeyer and Guesman travelled back

and forth between Idaho and Washington so Kronmeyer could spend time with his son.

After Kronmeyer and Guesman ended their relationship, Kronmeyer alleged he was denied

adequate visitation with his son. Kronmeyer stated he moved back to Washington to spend time

with his son. In April 2022, Kronmeyer petitioned for a parenting plan, a residential schedule

requesting 50/50 time with his son, and a child support order.

II. TRIAL

For the trial court to determine the amount of child support owed, Kronmeyer submitted

pay stubs for 2021 and part of 2022. At trial, the court allowed Kronmeyer three extra days to

submit the remaining 2022 and 2023 pay stubs.

When asked about his salary for 2022, Kronmeyer testified that he received bonus and

relocation pay.

[GUESMAN]: . . . Do you believe your 2022 W-2 shows $77,099? [KRONMEYER]: No, I know it does not. [GUESMAN]: What does it show? [KRONMEYER]: It shows significantly more due to my—there’s a few things on there. My company paid the remainder of my lease agreement in Idaho. They paid the remainder of that so that way I could move back. I also received funds to move back to Washington, which have all gone as earned income. So it shows significantly higher than this. [GUESMAN]: What’s “significantly higher”? [KRONMEYER]: Well, I believe the payout from my lease was $11,000 or $12,000, which . . . would show as earned income on my taxes because they paid out my lease. .... plus the relocation fund that I received to move back to Washington, which I believe was around $5,000, at the least.

Rep. of Proc. (RP) at 58-59.

2 58197-3-II

Kronmeyer also testified that he “was not able to meet [his] financial responsibilities, and

as such, [he] had to file for bankruptcy.” RP at 66. Additional facts related to financial disclosures

are included below.

Guesman did not testify to a need for attorney fees, but in closing, Guesman’s counsel

stated, “she ha[d] a need for attorney fees.” RP at 174.

III. RULING ON CHILD CUSTODY AND ATTORNEY FEES

The trial court orally analyzed the statutory factors in RCW 26.09.187(3) to determine

residential custody. The court’s analysis of those factors is included in more depth below. The

court’s final parenting plan established Guesman as the primary residential parent with Kronmeyer

having significant residential time.1 Kronmeyer and Guesman retained joint decision-making

regarding education, extracurriculars, day care, and health care. Further, the court found no

evidence of child abuse, neglect, abandonment, domestic violence, assault, or a sex offense.

The trial court stated, “there [was] a disparity in incomes” and awarded Guesman $12,000

in attorney fees. Resp’t’s Br. App. A (RP (Apr. 20, 2023)) at 23. In its written findings, the trial

court stated: “Meredith Guesman incurred fees and costs, and needs help to pay those fees and

costs. Kalvin Kronmeyer has the ability to help pay fees and costs and should be ordered to pay

the amount listed in the Money Judgment [$12,000].” Clerk’s Papers (CP) (May 15, 2024) at 4.

The court allowed Kronmeyer six months to pay the fees, at the end of which 12 percent interest

would accrue.

1 Kronmeyer was granted residential custody every first, third, and fifth weekend from 6:00 PM Saturday to Tuesday after school or 7:00 PM. On the weeks Kronmeyer has weekend visitation, he has weekday visitation on Thursday from 3:00 PM or after school to 7:00 PM. On weeks Kronmeyer does not have weekend visitation, he has visitation on Tuesday and Thursday from 3:00 PM or after school to 7:00 PM.

3 58197-3-II

The trial court also ordered Kronmeyer to pay $849.55 in child support each month. The

worksheets submitted with the child support order listed Kronmeyer’s federal and state income tax

withholdings as $198.08. The worksheet also listed $625 for maintenance that Guesman paid each

month.2 The child support order specified that the worksheets included health insurance

premiums.3 However, the insurance section on the worksheet was left blank.

Kronmeyer appeals.

ANALYSIS

Initially, Guesman argues that Kronmeyer’s appeal should be stricken for failure to

“designate his notice of appeal” and “adhere to formatting requirements.” Resp’t’s Br. at 20

(referencing RAP 10.4 generally). Guesman does not identify what order Kronmeyer failed to

designate in the notice of appeal and it is unclear how Kronmeyer failed to comply with the Rules

of Appellate Procedure. Regardless, “under RAP 1.2(a), a ‘technical violation of the rules will not

ordinarily bar appellate review, where justice is to be served by such a review. . . . [W]here the

nature of the challenge is perfectly clear, and the challenged finding is set forth in the appellate

brief, [this court] will consider the merits of the challenge.’” Green River Cmty. Coll., Dist. No.

10 v. Higher Educ. Pers. Bd., 107 Wn.2d 427, 431, 730 P.2d 653 (1986) (alternations in original)

(internal quotation marks omitted) (quoting State v. Williams, 96 Wn.2d 215, 220, 634 P.2d 868

2 Pursuant to RCW 26.09.090(1), a trial court may award maintenance to a spouse or domestic partner in whatever amount the court deems just. Here, nothing in the record suggests Guesman pays maintenance to Kronmeyer, so we infer these payments originate from another case. 3 The child support order stated, “Health insurance premiums are not included on the Worksheets.” CP at 314. However, the word “not” was crossed out and what appears to be the parties’ initials were written off to the side of this section suggesting that the insurance premiums were included on the worksheets.

4 58197-3-II

(1981)).

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