State ex rel. I.A.D. v. Base

126 P.3d 79, 131 Wash. App. 207, 2006 Wash. App. LEXIS 33
Court of Appeals of Washington·Decided January 12, 2006·No. No. 23393-6-III·Published·Cited by 10 cases

Opinion

¶1

Thompson, J.*

The State brought a parentage action on behalf of I.A.D. against Shiloh Base for a determination of paternity and for reimbursement of back child support. Mr. Base was adjudicated to be the father of I.A.D. He was ordered to pay current and future child support for I.A.D. The State also received a judgment against Mr. Base to reimburse public assistance paid on behalf of the child. Although the State paid public assistance to I.A.D. throughout his life, the court limited the liability for reimbursement to the period of November 1, 2003 to July 31, 2004, rather than the term of five years authorized by statute. The State was also limited to $50 per month in collecting the back child support in order to reimburse the public assistance received by I.A.D. The State challenges the limitation on the period and collection of back child support based on the claim that (1) the trial court erroneously applied RCW 26.26.130(3) in setting liability, (2) the court erred in considering the State’s delay in bringing the parentage action and Mr. Base’s lack of knowledge that I.A.D. existed, and (3) the court lacked the authority to [211] limit the statutory collection remedies that the State could pursue in collecting its judgment.

¶2 We hold that the trial court committed no error when it determined that it had discretion to limit the term of back child support owed by Mr. Base and did not abuse its discretion when it limited the term of back child support to one year based on equitable considerations. We further hold that the trial court erred when it limited the remedies available to the State for collection of the State’s judgment against Mr. Base. Therefore, we reverse and remand this case so that the trial court may reinstate the language in the judgment and order reserving the State’s right to pursue all available legal remedies for collection of its judgment.

FACTS

¶3 Lamen Davin and Shiloh Base had sexual intercourse on one occasion, and I.A.D. was born as a result. Because Ms. Davin had substance abuse problems, I.A.D. resided for almost his entire life with his maternal grandmother and stepgrandfather, Jackie and Ralph Jacobson. The Jacobsons have been responsible for I.A.D.’s care and support.

¶4 In August 2003, Mr. Base’s ex-wife called him and told him that she saw a young boy who looked just like Mr. Base. His ex-wife informed Mr. Base that Ms. Davin was the child’s mother, and that Mr. Base could be the father of this child. However, because Ms. Davin never contacted him about any pregnancy or the birth of any child, Mr. Base disregarded his ex-wife’s statements. Mr. Base received a summons and petition for the establishment of parentage of I.A.D. in November 2003.

¶5 The State paid public assistance to the Jacobsons and to Ms. Davin from I.A.D.’s birth until the State initiated the parentage action. Mr. Base was adjudicated to be the father of I.A.D. As part of the trial court’s judgment and order determining parentage and granting additional relief, the [212] court entered findings of fact and conclusions of law. The court ruled that back child support for reimbursement of the State’s public assistance was not mandatory based on the language in RCW 26.26.130(3). Therefore, a judgment of back support for the full term of five years as authorized by RCW 26.26.134 was not required. The court also found that Mr. Base had no knowledge of his son until the action to determine paternity was commenced by the State.

¶6 In setting the amount of Mr. Base’s liability to the State for back support, the court referenced Mr. Base’s ignorance that I.A.D. existed and the failure of either the State or Ms. Davin to take action to establish paternity and financial responsibility at an earlier time. For these reasons, the trial court limited Mr. Base’s liability for child support to the period of November 2003 through July 2004. This is the period from when the State served its summons and petition for the establishment of parentage until the court entered its judgment determining parentage and granting additional relief.

¶7 Mr. Base was ordered to pay the State the amount of $50 per month in addition to his current child support obligation. The court also struck an additional provision from the draft judgment submitted by the State that would have allowed the State to pursue additional collection remedies through garnishing Mr. Base’s income tax returns. This left the State with the exclusive collection remedy of the $50 payments per month.

ANALYSIS

I. STATUTORY INTERPRETATION OF THE UNIFORM PARENTAGE ACT

¶8 The State contends that the trial court erroneously applied RCW 26.26.130(3) in shortening the period of time for which Mr. Base would be liable for back child support. In making this claim, the State asks this court to interpret the statutory provisions of RCW 26.26.130(3) and (5), which are a part of the Uniform Parentage Act, chapter [213]*21326.26 RCW. Because this is an issue of statutory construction, which is a question of law, we review the claim de novo. United States v. Hoffman, 154 Wn.2d 730, 737, 116 P.3d 999 (2005).

A. Principles of Statutory Construction

¶9 “Statutory construction begins by reading the text of the statute or statutes involved.” State v. Roggenkamp, 153 Wn.2d 614, 621, 106 P.3d 196 (2005). If the language is unambiguous, the inquiry ends with the plain language, and we assume the statute means exactly what it says. State v. Salavea, 151 Wn.2d 133, 142, 86 P3d 125 (2004). “Where statutory language is amenable to more than one reasonable interpretation, it is deemed to be ambiguous.” Roggenkamp, 153 Wn.2d at 621. However, a statute is not ambiguous simply because different interpretations are conceivable. Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224, 239-40, 59 P3d 655 (2002). Legislative history, principles of statutory construction, and relevant case law may provide guidance in construing the meaning of an ambiguous statute. State v. Watson, 146 Wn.2d 947, 955, 51 P.3d 66 (2002).

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State ex rel. I.A.D. v. Base, 126 P.3d 79, 131 Wash. App. 207, 2006 Wash. App. LEXIS 33 (Wash. Ct. App. 2006).

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