In Re Perry D Sipe, V Melissa L. Sipe
48499-4
| Wash. Ct. App. | Feb 7, 2017Background
- Perry and Melissa Sipe divorced in 2013; the dissolution included a child support order for two minor children.
- Paragraph 3.13: support continues until each child reaches 18 or graduates high school, whichever is later, but not after 19.
- Paragraph 3.14: the right to petition for postsecondary educational support is reserved only if exercised prior to the child turning 18.
- Perry filed a petition for postsecondary educational support for the eldest daughter on May 5, 2015, after she had turned 18 but before she graduated high school.
- The superior court dismissed the petition as untimely under paragraph 3.14; Perry appealed.
Issues
| Issue | Plaintiff's Argument (Perry) | Defendant's Argument (Melissa) | Held |
|---|---|---|---|
| Whether Perry's petition for postsecondary support was timely | The petition was timely because child support (per ¶3.13) continued until the daughter graduated high school, and the petition was filed before graduation | The order’s ¶3.14 unambiguously requires the petition to be filed before the child turns 18; filing after 18 is untimely | The court held the petition was untimely; ¶3.14 controls and precludes a petition filed after the child’s 18th birthday |
| Whether the appeal was frivolous | (No separate merit argument preserved beyond timeliness) | Melissa argued the appeal lacked any debatable issue and was frivolous | The court held the appeal was frivolous and awarded attorney fees to Melissa |
Key Cases Cited
- In re Marriage of Cota, 177 Wn. App. 527 (clarifies when a support order’s express postsecondary provisions permit awards after age 18)
- Rains v. Dep’t of Soc. & Health Servs., 98 Wn. App. 127 (examines notice requirement that support may extend past majority)
- Advocates for Responsible Dev. v. W. Wash. Growth Mgmt. Hearings Bd., 170 Wn.2d 577 (defines standard for frivolous appeal)