Gwedolyn D. Webster v. Eric K. Webster
74973-1
| Wash. Ct. App. | Jun 12, 2017Background
- Marriage dissolved in 1993; two children, E.V. (b. Oct 1984) and A.W. (b. Sept 1987), with a $483/month support order to the State Support Registry.
- Eric Webster accumulated $51,924 in back child support; payments began July 2002; DCS collected some current and back support in late 2002.
- On December 24, 2002, Eric signed a Waiver of the Statute of Limitations, stating RCW 74.20A.220 permits the waiver and applying to RCW 4.16.020, RCW 4.56.210, or RCW 6.17.020 and other statutes that limit collection.
- Eric's payments were sporadic and often below the monthly current obligation; arrears remained substantial after the end of his current support obligation.
- A contempt action was filed in 2006; by 2016 Eric still owed about $46,938.56 for Gwendolyn's child, though he had obligations for a third child with Shelley Hightower.
- Eric argued the waiver applied only to a statute of limitations, not to RCW 4.56.210, a nonclaim statute, and thus DCS was time-barred from collecting the arrears; the State argued RCW 74.20A.220 allows waiving any statute impeding collection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May RCW 74.20A.220 authorize waiving RCW 4.56.210(2)? | Webster contends the waiver only covers statutes of limitations, not RCW 4.56.210(2). | State argues 74.20A.220 permits waiving any statute that limits collection of debt, including 4.56.210(2). | Yes; waiver permitted to extend enforcement under 4.56.210(2). |
| Does the waiver extinguish the nonclaim statute effect of RCW 4.56.210(2)? | Webster asserts 4.56.210(2) remains enforceable despite the waiver. | State maintains the waiver extends to any statute limiting collection, including nonclaim statutes. | Yes; waiver applies to RCW 4.56.210(2). |
Key Cases Cited
- In re Marriage of Kahle, 134 Wn. App. 155 (Wash. App. 2006) (harmonization of statutory provisions; nonclaim/statute-of-limitations interplay)
- M.N. v. Dep't of Social & Health Services, 187 Wn.2d 1 (Wash. 2016) (nonclaim statute treated as {statute of limitations}-like for Uniform Interstate Family Support Act purposes)
- Jametsky v. Olsen, 179 Wn.2d 756 (Wash. 2014) (statutory interpretation principles; context and legislative intent)
- Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1 (Wash. 2006) (statutory interpretation and harmonization across related statutes)
- King County v. Taxpayers of King County, 104 Wn.2d 1 (Wash. 1985) (harmonization of statutes in pari materia)