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In re Marriage of Krieger and Walker, 147 Wash.App. 952, 199 P.3d 450

Facts

Marilyn Walker and Bryan Krieger divorced in 2002 and had two children. Initially, Krieger was ordered to pay $4,500 monthly, which included $1,000 for child support. After Walker's spousal maintenance ended, she sought an increase in child support due to her decreased income. A court commissioner ordered Krieger to pay $2,182.88 monthly, but he appealed, leading to a reversal and remand. On remand, the trial court set child support at $1,000, finding that Walker failed to demonstrate extraordinary need, which she contested.

Marilyn Walker and Bryan Krieger divorced in 2002. At the time of the dissolution they had two children, ages five and one. Under the 2002 dissolution decree and parenting plan, Walker was designated as the decision-maker on major decisions involving the children. The parents' combined monthly net income exceeded $7,000, and they agreed to extrapolate child support.

Issue

Did the trial court err in limiting child support to the advisory amount without adequately considering the children's needs and the parents' financial circumstances?

Did the trial court err in limiting child support to the advisory amount without adequately considering the children's needs and the parents' financial circumstances?

Rule

The court may set child support above the advisory amount based on sufficient findings that demonstrate the necessity and reasonableness of the additional support, considering the parents' income, resources, and the children's special needs.

The court may set child support above the advisory amount based on sufficient findings that demonstrate the necessity and reasonableness of the additional support, considering the parents' income, resources, and the children's special needs.

Analysis

The Court of Appeals determined that the trial court applied the wrong standard by requiring a showing of extraordinary need for support above the advisory amount. The court emphasized that the trial court should have considered the children's additional expenses and the parents' financial circumstances without limiting the inquiry to extraordinary needs. The court found that Walker's budget included legitimate expenses that could justify an increase in support.

The Court of Appeals determined that the trial court applied the wrong standard by requiring a showing of extraordinary need for support above the advisory amount. The court emphasized that the trial court should have considered the children's additional expenses and the parents' financial circumstances without limiting the inquiry to extraordinary needs.

Conclusion

The Court of Appeals reversed the trial court's order and remanded for recalculation of child support, instructing the trial court to consider the children's needs and the parents' financial circumstances more comprehensively.

The Court of Appeals reversed the trial court's order and remanded for recalculation of child support, instructing the trial court to consider the children's needs and the parents' financial circumstances more comprehensively.

Who won?

Marilyn Walker prevailed in the appeal because the Court of Appeals found that the trial court abused its discretion in setting child support at the advisory amount without proper consideration of the children's needs.

Marilyn Walker prevailed in the appeal because the Court of Appeals found that the trial court abused its discretion in setting child support at the advisory amount without proper consideration of the children's needs.

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