McCausland v. McCausland

152 P.3d 1013
CourtWashington Supreme Court
DecidedFebruary 1, 2007
Docket77890-6
StatusPublished
Cited by8 cases

This text of 152 P.3d 1013 (McCausland v. McCausland) 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
McCausland v. McCausland, 152 P.3d 1013 (Wash. 2007).

Opinion

152 P.3d 1013 (2007)

In the Matter of the Marriage of Angela Karon McCAUSLAND, Petitioner,
v.
Robert Glenn McCAUSLAND, Respondent.

No. 77890-6.

Supreme Court of Washington, En Banc.

Argued October 24, 2006.
Decided February 1, 2007.

*1014 James Anthony Lopez, Attorney at Law, Tacoma, WA, for Petitioner.

Catherine Wright Smith, Valerie A. Villacin, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, Jeffrey Alan Robinson, Attorney at Law, Gig Harbor, WA, for Respondent.

FAIRHURST, J.

¶ 1 In this case, we are asked to determine whether RCW 26.19.020 creates a presumption that the trial court should extrapolate when it exceeds the economic table in the child support schedule. We are also asked to resolve an apparent conflict among the divisions of the Court of Appeals regarding the use of extrapolation in determining child support obligations. Both parties request attorney fees and costs on appeal.

¶ 2 We hold that the trial court may not use extrapolation when it exceeds the economic table in the child support schedule because extrapolation is merely a mechanical extension of the economic table and RCW 26.19.001 requires the amount of support to be based on the child's or children's needs, and commensurate with the parents' income, resources, and standard of living. The trial court has discretion to exceed the economic table in awarding child support but it must support the award with written findings of fact. We reverse the Court of Appeals and remand for further proceedings consistent with this opinion. We also deny both parties' request for attorney fees and costs because neither substantially prevailed on appeal.

I. CHAPTER 26.19 RCW

¶ 3 The legislature's stated intent in enacting the child support schedule statute, chapter 26.19 RCW, was "to insure that child support orders are adequate to meet a child's basic needs and to provide additional child support commensurate with the parents' income, resources, and standard of living." RCW 26.19.001. When the trial court issues a child support order, it begins by setting the "`[b]asic child support obligation.'" RCW 26.19.011(1). The basic child support obligation is generally determined from an economic table in the child support schedule and is based on the parents' combined monthly net income and the number and age of the children. Id.; RCW 26.19.020. The economic table is presumptive for a combined monthly net income of $5,000 or less and advisory but not presumptive for a combined monthly net income of more than $5,000. RCW 26.19.020, .065. However, the table ends at a combined monthly net income level *1015 of $7,000. Id. If the parents' combined monthly net income is greater than $7,000, the court may set child support at an amount on the economic table for incomes between $5,000 and $7,000, or it may exceed the table based on written findings of fact. Id.

II. STATEMENT OF THE CASE

¶ 4 Robert Glenn and Angela Karon McCausland[1] were married for over 13 years and have two children born in 1991 and 1994. The parties separated in 1997 and attempted to reconcile in 1998. As part of a 1998 reconciliation agreement (1998 Agreement), Robert agreed to pay Angela $2,756 monthly, which included $1,222 in spousal maintenance and $1,534 in child support. In re Marriage of McCausland (McCausland I), noted at 112 Wash.App. 1029, 2002 WL 1399120, at *1, 2002 Wash.App. LEXIS 1499, at *3 (2002) (unpublished). Angela contested the total amount of support and the commissioner revised it upward to $7,100 monthly, without segregating the award between spousal maintenance and child support. Id. at * 1-2, 2002 Wash.App. LEXIS 1499, at *4. Robert contested the commissioner's revised amount and the court revised it down to $5,500 monthly, again without segregating the award between spousal maintenance and child support. Id. at *2, 2002 Wash.App. LEXIS 1499, at *5.

¶ 5 The couple separated again in 2000 and entered into a revised reconciliation agreement (2000 Agreement) that superseded the 1998 Agreement. Id. at * 2, 2002 Wash.App. LEXIS 1499, at *6. In the "Parenting and Support Issues" section of the 2000 Agreement, the parties agreed that Robert would continue to pay Angela $5,500 monthly for "care and maintenance of Angela, her children, and the family home."[2]Id. It did not specify what portion of the $5,500 payment was for child support.

¶ 6 When Robert's financial circumstances changed in the fall of 2000,[3] he requested termination of the maintenance payments and modification of the child support payments. Id. at *2, 2002 Wash.App. LEXIS 1499, at *7. The commissioner ruled that Robert could not modify the support payments as long as they were not unfair at the time they were established. Id. Robert moved to revise the 2000 Agreement, which the trial court denied. Id. at *2-3, 2002 Wash.App. LEXIS 1499, at *8.

¶ 7 Robert appealed and the Court of Appeals ruled that the 2000 Agreement was not binding on the court with regard to child support because child support must be established in accordance with chapter 26.19 RCW.[4]McCausland I, at *3-4, 2002 Wash. App. LEXIS 1499, at *11. The appellate court also concluded that when the trial court set the child support payments based on the 1998 and 2000 Agreements, it failed to establish an independent separate child support amount. Id. at *3-4, 2002 Wash.App. LEXIS 1499, at *11-12. It remanded to the trial court to reconsider and segregate monthly child support from spousal maintenance and to set child support in accordance with chapter 26.19 RCW. McCausland I, at *5, 2002 Wash.App. LEXIS 1499, at * 16.

¶ 8 On remand, Robert asked the trial court to set child support based on his current income level, impute income to Angela based on her training and experience as a teacher, and reduce his support transfer payment by granting him a residential credit for time the children spent with him. Angela asked to have the original payment of $5,500 reinstated and divided between spousal and *1016 child support. She also asked the court to extrapolate the basic child support obligation from the economic table based on Robert's historical income.[5] Lastly, Angela sought attorney fees under RCW 26.09.140 based on Robert's ability to pay and her need.

¶ 9 The trial court concluded that the $5,500 monthly combined support amount was enforceable, despite the Court of Appeals' ruling. It ordered Robert to pay Angela child support of $2,842 monthly for the two children, with the remainder of the $5,500 going to spousal support.

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Cite This Page — Counsel Stack

Bluebook (online)
152 P.3d 1013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccausland-v-mccausland-wash-2007.