In re the Marriage of: Gaynor Koontz and Daron Koontz
34978-1
| Wash. Ct. App. | Jun 13, 2017Background
- Gaynor Koontz petitioned for postsecondary educational support for her daughter Elari in May 2015.
- Elari was set to attend the University of Washington, Tacoma, as a junior pursuing a bachelor's degree after completing an associate degree via Running Start, living at home.
- Mr. Koontz opposed modification, arguing his income, assets, and relocation to Florida on a boat reduced his ability to pay.
- The superior court Commissioner initially set Koontz's support at $697 monthly, later reduced to $460 when accounting for self-support by Elari.
- The court ordered that Elari pay one-third and Koontz two-thirds of tuition, books, and fees (with aid considerations not yet applied).
- After reconsideration, documentation showed Elari had grants and loans reducing her costs for the 2015–16 year; Koontz appealed seeking corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postsecondary support was proper under RCW 26.19.090 | Koontz contends factors support are misread or incomplete. | Fitzgerald argues Elari dependent with need for parental support. | Court upheld support award consistent with RCW 26.19.090. |
| Whether court properly considered RCW 26.19.090 factors | Record lacked complete info but weighed factors showing need and ability. | Koontz asserts insufficient documentation but court considered relevant factors. | No abuse of discretion; factors considered sufficiently. |
| Whether the cost allocation to Elari should account for grants/scholarships | Elari should pay a portion but costs may be reduced by aid. | Koontz argues aid reduces his obligation; order unclear on grants. | Remand for clarification on aid-adjusted cost sharing. |
| Whether the child support order contains errors requiring correction | Order needs correction to reflect proportional shares and worksheet alignment. | Koontz seeks explicit termination language under RCW 26.19.090. | Remand to correct transfer, calculation, and ambiguity; termination language not required. |
Key Cases Cited
- In re Marriage of Kelly, 85 Wn. App. 785 (1997) (court may consider RCW 26.19.090 factors without abuse of discretion)
- In re Marriage of Cota, 177 Wn. App. 527 (2013) (evidence of needs and contributions supports dependency finding)
- In re Goude, 152 Wn. App. 784 (2009) (court does not abuse discretion if it considers all RCW 26.19.090(2) factors)
- In re Marriage of Shellenberger, 80 Wn. App. 71 (1995) (extreme hardship standard for financial consequences of support order)