State Ex Rel. MMG v. Graham

152 P.3d 1005
CourtWashington Supreme Court
DecidedFebruary 1, 2007
Docket77858-2
StatusPublished
Cited by35 cases

This text of 152 P.3d 1005 (State Ex Rel. MMG v. Graham) 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
State Ex Rel. MMG v. Graham, 152 P.3d 1005 (Wash. 2007).

Opinion

152 P.3d 1005 (2007)

STATE of Washington, on behalf of M.M.G., and V.M.G., children, Respondent,
v.
Richard Scott GRAHAM, parent, Petitioner, and
Michele Leann Cunliffe, parent, Respondent.

No. 77858-2.

Supreme Court of Washington, En Banc.

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

*1006 Catherine Wright Smith, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, for Petitioner.

Jacqueline L. Jeske, King County Prosecutor's Office, Family Support Division, Patricia S. Novotny, Seattle, WA, for Respondent.

FAIRHURST, J.

¶ 1 Richard Scott Graham seeks review of a Court of Appeals opinion reversing the trial court's order modifying his child support transfer payment. He argues that the split residential formula used in In re Marriage of Arvey, 77 Wash.App. 817, 894 P.2d 1346 (1995) applies in situations where parents equally share residential time with their children. He also argues that the Court of Appeals erroneously held that RCW 26.19.020 creates a presumption that a trial court should extrapolate when it exceeds the economic table in determining the basic child support obligation and that the Court of Appeals decision in this case conflicts with previous Court of Appeals decisions. Michele Leann Cunliffe and the State argue that the Arvey formula is not appropriate in shared residential situations. The State also argues that the trial court has discretion to extrapolate when it exceeds the economic table and the Court of Appeals decision in this case does not conflict with other Court of Appeals decisions. Cunliffe requests attorney fees and costs on appeal. This case was heard as a companion case to In re Marriage of McCausland, No. 77890-6, ___ Wash. ___, 152 P.3d 1013, 2007 WL 284170 (Wash. Feb. 1, 2007), on the extrapolation issue.

¶ 2 We affirm the Court of Appeals in part and reverse in part. We affirm the court's holding that the Arvey formula does not apply in shared residential situations. However, in accordance with our reasoning in McCausland, we reverse the court's holding that the trial court has discretion to extrapolate when it exceeds the economic table in determining the basic child support obligation. 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.

¶ 3 We grant Cunliffe's request and deny Graham's request for attorney fees and costs on appeal.

I. CHAPTER 26.19 RCW

¶ 4 The legislature's stated intent in enacting chapter 26.19 RCW, the child support schedule statute, 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 (emphasis added). The legislature also intended the child support obligation to be "equitably apportioned between the parents." Id. (emphasis added).

¶ 5 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 income level of $7,000. Id. If the parents' combined monthly net income is greater than $7,000, the court *1007 may set child support at an amount on the economic table for income between $5,000 and $7,000, or it may exceed the table based on written findings of fact. Id.

¶ 6 After the court determines the basic child support obligation, regardless of whether it applies an amount in the economic table or exceeds the table, it determines the "`[s]tandard calculation,'" which is the presumptive amount of child support owed by the obligor parent to the obligee parent. RCW 26.19.011(8). The court next determines whether it is appropriate to deviate from the standard calculation. RCW 26.19.011(4), (8). The court then orders the obligor parent to pay the resulting amount to the obligee parent — the "`[s]upport transfer payment.'" RCW 26.19.011(9). The trial court has discretion to deviate from the standard calculation based on such factors as the parents' income and expenses, obligations to children from other relationships, and the children's residential schedule. RCW 26.19.075. However, if it deviates from the standard calculation, the court must enter written findings of fact supporting the reasons for the deviation. RCW 26.19.075(3).

II. STATEMENT OF THE CASE

¶ 7 Graham and Cunliffe are divorced and have two daughters, ages 17 and 15. State ex rel. M.M.G. v. Graham, 123 Wash.App. 931, 933, 99 P.3d 1248 (2004). Under the 1996 parenting plan (1996 Plan), the children spend equal amounts of time with their parents on alternating weeks. Because the parents' combined monthly net income did not exceed $7,000 at the time of the 1996 Plan, the court did not exceed the economic table in the child support schedule. However, it did deviate from the standard calculation because the children spend significant time with Graham and because it determined that the deviation did not leave Cunliffe with insufficient funds to meet the children's needs. After making adjustments for special expenses paid by Graham, each parent's share of extraordinary expenses, and child support credits, it determined that the standard calculation for Graham's support transfer payment was $872.33. However, after accounting for the deviations, the court reduced the support transfer payment to $300. The following table demonstrates the court's calculation. See Clerk's Papers (CP) at 131-33.

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152 P.3d 1005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mmg-v-graham-wash-2007.