In Re The Marriage Of Shawna L. Hubbard, And Marcus T. Ross ( 2019 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
SHAWNA L. HUBBARD, No. 78682-2-I
Respondent, DIVISION ONE
v. UNPUBLISHED OPINION
MARCUS T. ROSS,
Appellant. FILED: November 18, 2019
CHUN, J. — Marcus Ross appeals an order modifying child support for his
children with Shawna Hubbard. Because the trial court did not credit Ross for
health insurance premiums paid for the children, we reverse in part and remand
for further proceedings. In all other respects, we affirm.
I. BACKGROUND1
In 2009, Ross and Hubbard dissolved their marriage and entered into an
agreed child support order for their two children. In 2014, when the children were
ages 9 and 11, the court modified the child support order and set Ross’s transfer
payment to Hubbard at $600.50 per month.2
In December 2017, Hubbard petitioned to increase Ross’s child support
obligation, claiming that the children were entitled to more support under the
1 We detail additional facts, where necessary, in our discussion of Ross’s claims.
2 The record does not include either the 2009 order or the 2014 modification pleadings.
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statutory guidelines3 and that the parties’ income had changed. Ross did not
disagree that a modification was warranted but disputed the amount of Hubbard’s
income. Ross also requested reimbursement for past day care expenses.
Following a May 2018 trial by affidavit, a superior court commissioner
imputed Hubbard’s net monthly income at $2,605, modified Ross’s transfer
payment to $967 per month, and ordered Ross to maintain health insurance for
the children. The commissioner also rejected Ross’s claim for reimbursement.
Ross moved for revision of the commissioner’s order. A superior court
judge adopted the commissioner’s rulings and denied the motion. Ross appeals
from the order denying revision.4
II. DISCUSSION
Ross challenges the order modifying his child support obligation on
several grounds.
A. Standard of Review
Once the superior court rules on a motion for revision, any further appeal
is from the superior court’s decision, not the commissioner’s ruling. State v.
Ramer, 151 Wn.2d 106, 113, 86 P.3d 132 (2004). We review an order modifying
child support for an abuse of discretion. In re Marriage of Griffin, 114 Wn.2d 772,
776, 791 P.2d 519 (1990). A superior “court does not abuse its discretion where
~ At the time, the economic tables calculated child support amounts for children aged 12-
18 higher than for children 0-11. Former RCW26.19.020 (2016). The children were ages 12 and
15 at the time of the petition.
~ Though the parties represent themselves on appeal, we hold them to the same
standards as attorneys. In re Marriage of Wherley, 34 Wn. App. 344, 349, 661 P.2d 155 (1983)
(self-represented litigants and attorneys are both “subject to the same procedural and substantive
laws.”)
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the record shows that it considered all the relevant factors and the child support
award is not unreasonable under the circumstances.” State ex rel. J.V.G. v. Van
Guilder, 137 VVn. App. 417,423, 154 P.3d 243 (2007). We will not disturb
findings of fact supported by substantial evidence even if there is conflicting
evidence. In re Marriage of Lutz, 74 Wn. App. 356, 370, 873 P.2d 566 (1994).
B. Health Insurance Credit
Ross first argues that the court erred by failing to give him a credit for
health insurance premiums he paid for the children. “We agree.
“In reaching a net child support transfer payment, a parent who pays for
health insurance is allowed a credit against [their] basic support obligation equal
to the cost of the insurance.” In re Marriage of Scanlon, 109 Wn. App. 167, 175,
34 P.3d 877 (2001) (citing Ch. 26.19 RCW, App., Health Care Expenses). Here,
there is evidence that Ross paid such premiums for the children. However, the
court entered a child support worksheet that neither reflects the amount of
premium Ross paid nor credits him for that amount.5 Therefore, remand is
necessary to enable the court to correct the child support worksheet to reflect
Ross’s payments for health insurance premiums.
~ Hubbard argues that “Ross agreed to and signed the documents to reflect that he would
not receive a credit for insurance premiums paid.” Ross disputes this. Hubbard’s argument does
not contain citation to the record or authority. We will not consider an inadequately briefed
argument. Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801, 809, 828 P.2d 549 (1992);
RAP 10.3(a)(6). Nor are we aware of anything in the record to support this argument.
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No. 78682-2-114
C. Hubbard’s Income
Ross next argues that the modification was improper because the court
failed to consider numerous large bank deposits and other substantial assets in
calculating Hubbard’s income. We disagree.
“All income and resources of each parent’s household shall be disclosed
and considered by the court when the court determines the~child support
obligations of each parent.” RCW 26.19.071(1). A parent’s income and
deductions must be verified by tax returns for the prior two years and current
paystubs, and “[o]ther sufficient verification” is required to verify “income and
deductions which do not appear on tax returns or paystubs.” RCW 26.19.071(2).
Attached to her modification petition, Hubbard filed two years of federal
income tax returns, paystubs, and bank statements. The bank statements
showed a year’s worth of relatively large deposits—ranging from $4,852 to
$13,328—into Hubbard’s savings account and checking account. Ross argued
this was evidence of Hubbard concealing income. In response, Hubbard
attributed the large deposits to a “tax refund of a little over” $8,000, a cash
advance from her work retirement plan, refunds from her cancelled wedding, and
two $1,500 ‘transfers from external savings accounts.”
During the proceedings, the court expressly considered Hubbard’s bank
deposits but could not determine if it was income. Instead, the court used
Hubbard’s income tax returns and child support worksheets to impute her
income. Accordingly, the court correctly avoided speculating at Hubbard’s
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income.6 Stateexrel. Stoutv. Stout, 89 Wn. App. 118, 125, 948 P.2d 851 (1997)
(“A court exercises its discretion in an untenable and manifestly unreasonable
way when it essentially guesses at an income amount.”) (citing In re Marriage of
Bucklin, 70 Wn.App. 837, 841, 855 P.2d 1197) (1993)).
The court’s determination of Hubbard’s income was well within the
disputed evidence provided by the parties and is supported by substantial
evidence. The court did not abuse its discretion.
Ross’s contention that the court erred by failing to consider Hubbard’s
other assets (e.g., interest in a business, boat, cabin, recreational vehicle) is
similarly unavailing. The record indicates otherwise. The court considered
evidence showing that, in October 2017, Hubbard no longer had a partnership
interest in the business she created with a former fiancé. The court determined
that Ross failed to meet “the burden of proof as it relates to the alleged assets:
the boat, the RV camper, the vehicles, the trailer, the cabin.” Because he was
unable to provide the evidence required to prove his claim, Ross has failed to
show that the court exercised its discretion “in an untenable or manifestly
unreasonable way.” Griffin, 114 Wn.2d at 779.
D. Reimbursement of Day Care Expenses
Ross also claims that the trial court erred by denying him reimbursement
for child care expenses that he had paid but Hubbard had not incurred. He
6 Though the record contains evidence that Hubbard disclosed only one of multiple
savings accounts below, the court was within its discretion to impute her income. ~
RCW 26.19.071(6); In re Marriage of Sievers, 78 Wn. App. 287, 305-06, 897 P.2d 388 (1995)
(when a party fails to provide credible evidence of income, the trial court may determine income
by any rational means based upon evidence in the record).
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No. 78682-2-116
argues reimbursement is warranted by RCW 26.19.080(3)~ and a provision in the
parties’ 2014 child support order.8 We disagree.
In rejecting Ross’s reimbursement claim, the court explained how neither
party complied with the 2014 order, and how the evidence that they did provide
was not sufficient enough to rule in favor of either party:
One of the big problems is what the order required of the
parents originally that they didn’t do. They never followed the order.
And now here I am all these years later being asked to go back and
figure it out, and I can’t. And I don’t have enough information from
either of you to say there was an overpayment, or there is a credit
that is owed, or that one party should get reimbursed by the other.
But the bottom line is I’m not giving you—either one of you
anything for daycare, [sic] zip, because you didn’t follow the process
that was created when this order was entered, for good or for bad.
The person asserting a claim for reimbursement under RCW 26.19.080(3)
bears the burden of proving the facts needed to support it. See In re Marriage of
Mattson, 95 Wn. App. 592, 601-02, 976 P.2d 157 (1999). Because Ross failed to
support his claim with sufficient evidence, the court did not abuse its discretion in
denying his reimbursement request. Griffin, 114 Wn.2d at 779.
‘ In pertinent part, RCW 26.19.080(3) provides:
Day care and special child rearing expenses . . shall be shared by the
.
parents in the same proportion as the basic child support obligation. If an
obligor pays court or administratively ordered day care or special child
rearing expenses that are not actually incurred, the oblige must reimburse
the obligor for the overpayment if the overpayment amounts to at least
twenty percent of the obligor’s annual day care or special child rearing
expenses.
8 Paragraph 3.15 (Payment for Expenses not Included in the Transfer Payment) of the
parties’ 2014 child support order provides as follows:
The mother shall provide verification from the day care provider of
amounts paid for daycare to the father on a monthly basis. Twice a year
the parties will adjust for any over or under payment. The first
adjustment will be June ~ and the second adjustment will be
December 3Qth
For purposes of this child support order, day care means only day care
that is work or school related.
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E. Deviation for Significant Residential Time
Finally, Ross claims the court erred by failing to give him a deviation9 from
the standard child support obligation based on the amount of his residential time
with the children. This claim lacks merit.
The superior court has discretion to deviate from the basic child support
obligation based on a variety of factors, one of which is the amount of residential
time the children spend with the parents. RCW 26.19.075. The superior court
“has discretion to decide the extent of any deviation.” In re Marriage of Trichak,
72 Wn. App. 21, 23, 863 P.2d 585 (1993). Here, the trial court granted Ross the
relief he sought. It calculated Ross’s transfer payment at $967 per month, which
is a $200 deviation downward from the standard calculation of $1,167 per month
due to Ross “spending significant time” with the children. And Ross fails to
present any authority or evidence to suggest that a $200 downward deviation
was unreasonable or untenable. The court did not abuse its discretion.
We affirm in part, reverse in part, and remand for further proceedings
consistent with this opinion.
WE CONCUR:
~ A deviation is “a child support amount that differs from the standard calculation.”
RCW 26.19.011(4).
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