In Re The Marriage Of: Dana Lynn Gordon v. Robert Earl Gordon
75466-1
| Wash. Ct. App. | Nov 13, 2017Background
- Dana and Robert Gordon divorced in 2012; they had three children (then 15, 13, 11) and an agreed dissolution allocation giving Dana over $4 million in assets.
- The parties’ 2012 agreed child support/order created separate college accounts for each child and provided Robert would pay 54% and Dana 46% of additional postsecondary expenses, capped at the yearly cost "at a state-supported institution in the State of Washington."
- The oldest son began attending Gonzaga University in 2015. Dana petitioned in 2016 to modify child support and the postsecondary-education provision.
- At the June 24, 2016 hearing the trial court set Robert’s gross monthly income at $21,250 and Dana’s at $8,186, reduced Dana’s monthly maintenance-driven support, and set Robert’s transfer payment at $1,373.16 for the two minors.
- The court denied Dana’s request to modify the postsecondary-education agreement for lack of a substantial change in circumstances, clarified the in-state cap to mean the University of Washington cost, and found both parents had substantial resources to cover excess college costs.
- Dana appealed, arguing (among other points) miscalculation of incomes, missing exhibits, concealment of income, and that the college-cap should be removed; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Dana) | Defendant's Argument (Robert) | Held |
|---|---|---|---|
| Whether the trial court relied on incomplete evidence / missing exhibits | Court record lacked 14 exhibits and therefore underestimated Robert’s income | Parties agreed at hearing to use counsel’s copies; all evidence was presented | No error; Dana failed to show exhibits were missing or that evidence was not considered |
| Whether the trial court miscalculated parents’ incomes | Dana contends her income was lower and Robert’s higher (alleges concealment) | Court used evidence before it and accepted Robert’s $21,250 and calculated Dana’s $8,186 | Calculations supported by substantial evidence; objections lack record support |
| Whether postsecondary-education agreement should be modified | Dana sought removal/raising of the cap arguing existing accounts are insufficient and Robert should fully fund college | Robert relied on the parties’ 2012 agreement and that no substantial change occurred | Modification denied: no substantial change in circumstances shown; court properly exercised discretion and clarified the ‘‘state-supported’’ cap |
| Whether car/extracurricular expenses should be reallocated | Dana sought proportionate parent contributions and court-ordered reasonable cars for children | 2012 agreement provided car acquisition and maintenance from each child’s trust fund | Denied: Dana purchased cars without using trust funds and failed to show error in enforcing the original agreement |
Key Cases Cited
- Mills v. Park, 67 Wn.2d 717 (court will not search record for appellant's unsupported arguments)
- Saunders v. Lloyd's of London, 113 Wn.2d 330 (appellate standard re: issues raised without proper record support)
- In re Marriage of Griffin, 114 Wn.2d 772 (standard for trial court modification authority)
- In re Marriage of Littlefield, 133 Wn.2d 39 (abuse of discretion standard and required showing for modification)
- In re Marriage of Sprute, 186 Wn. App. 342 (factors and limits for awarding postsecondary education expenses)
