§28.03 Nature and Extent of Obligation

• Jurisdiction: Washington

§ 28.03 NATURE AND EXTENT OF OBLIGATION

As a general rule, a person responsible for the support of a child remains liable until the child is emancipated or the child or the obligor is deceased. Because the obligation is controlled by and may be extended by the terms of a support order, the provisions in the order that terminate the obligation are critical.

The mandatory family law form Child Support Order, FL All Family 130 (06/2020), provides a checklist to determine the end date for support in § 17:

17. End date for support

Support must be paid for each child until the court signs a different order or (check one):

[ ] the child turns 18 or is no longer enrolled in high school, whichever happens last, unless the court makes a different order in section 18.
[ ] the child turns 18 or is otherwise emancipated, unless the court makes a different order in section 18.
[ ] after (child's name): __________ turns 18. Based on information available to the court, it is expected that this child will be unable to support them self and will remain dependent past the age of 18. Support must be paid until (check one):

[ ] this child is able to support them self and is no longer dependent on the parents.
[ ] other: __________

[ ] other (specify): __________

Practice Tip: The most current mandatory family law forms, provided by the Administrative Office of the Courts, are available at WASHINGTON COURTS, COURT FORMS, http://www.courts.wa.gov/forms/?fa=forms.home&dis=y (last visited Nov. 19, 2020).
Pattern forms are subject to revision, so practitioners should rely on the applicable statutes and refer to the official version of pattern forms provided by the Administrative Office of the Courts, as noted above.

At the time of this draft, the Washington Courts website also contained this warning:

Washington courts have remained open and operating throughout the COVID-19 pandemic, but as with other essential services, the judicial branch has taken emergency measures to protect public safety while also maintaining public access to key justice services. This has resulted in many courts conducting operations through alternative means, in alternative settings, and with extra safety steps.
A coordinated, safe response to the pandemic by courts and justice partners has also required adjustments to standard timeframes and processes in many cases, such as those involving dependency, mental health, failures to appear, bench warrants, and many more. The authority for those adjustments is granted through operational orders issued by the Washington State Supreme Court. The Court's orders have been crafted with a great deal of input from courts and justice partners, who have been working hard to respond to the health emergency. The orders involving adjustments to Washington court operations began on March 4, 2020 and have continued to be issued as needed.

See WASHINGTON COURTS, COVID 19 RESOURCES AND RESPONSE, http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.COVID19 (last visited June 28, 2021).

Practice Tip: The circumstance or situation for ending support should be precisely worded to avoid ambiguity that might lead to an unexpected interpretation by the enforcement agency, the administrative law judge, or the courts. "Emancipation" language may be problematic because many children graduate from high school after age 18.

[1] Death of Obligor or Child

Unless otherwise agreed to in writing or expressly provided in the support order, the obligation to pay support is terminated by the death of the parent obligated to pay support. RCW 26.09.170(3). Support is terminated when a child dies. In re Marriage of Stallman, 134 Wn. App. 254, 139 P.3d 1116 (2006) (when one of three children died, support terminated for that child as order specified amount owed per child).

[2] Reconciliation or Remarriage of Parents

Reconciliation of the parents does not terminate a court-ordered support obligation. In re Marriage of Moody, 137 Wn.2d 979, 976 P.2d 1240 (1999). The terms of a support order terminate when the parties to a parentage order marry, parents whose marriage has been dissolved remarry each other, or a domestic partnership is formed. RCW 26.09.170(4).

[3] Emancipation

Absent agreement or court order, emancipation is the time when the child is released from parental control and the parent is released from the obligation to support the child. Emancipation occurs upon reaching the age of majority or emancipation in fact, whichever occurs first. Gimlett v. Gimlett, 95 Wn.2d 699, 629 P.2d 450 (1981). The age of majority is 18. RCW 26.28.010.

Emancipation in fact before a child reaches the age of majority terminates the obligation to pay current support. Examples of such factual emancipation include marriage, service in the armed forces, or attaining economic sufficiency. Ditmar v. Ditmar, 48 Wn.2d 373, 293 P.2d 759 (1956). A minor who is 16 years of age or older may bring an action for a declaration of emancipation under Chapter 13.64 RCW.

[4] Dependency and Postmajority Support

Under the Dissolution of Marriage Act, Chapter 26.09 RCW, the obligation to pay child support is based on dependency, not minority, and a court may require a parent to support a child beyond the legal age of majority. Childers v. Childers, 89 Wn.2d 592, 575 P.2d 201 (1978) (requirement does not violate equal protection). A dependent is "one who looks to another for support and maintenance, one who is in fact dependent, one who relies on another for the reasonable necessities of life." Id. at 598. Dependency is a question of fact. Id.; In re Marriage of Oblizalo, 54 Wn. App. 800, 776 P.2d 166 (1989).

The legal basis for postmajority support in a parentage action is more complicated. The Parentage Act, RCW 26.26B.020(6), requires that support be determined pursuant to the support schedule, which authorizes postmajority support in RCW 26.19.090. The Act also provides that a child born to parents who are not married to each other has the same rights as a child born to parents who are married to each other. RCW 26.26A.105. In light of those provisions, postmajority support may be ordered in a parentage action.

The obligation to pay support terminates when a child reaches the age of majority unless there is a written agreement or a court order that expressly provides for postmajority support. RCW 26.09.170(3). The requirement for postmajority support must be clearly expressed in the decree and cannot be ambiguous. In re Marriage of Main, 38 Wn. App. 351, 352, 684 P.2d 1381 (1984). The "otherwise agreed in writing" provision applies only to cases in which no decree is issued or in which the decree declares that the agreement survives the decree. In re Marriage of Williams, 115 Wn.2d 202, 796 P.2d 421 (1990). For a discussion of modifying a decree to obtain postmajority support, see § 28.07[5], below.

Numerous courts have considered whether particular language was specific enough...