In re the Marriage of Schneider
268 P.3d 215
Wash.2011Background
- UIFSA governs modification of out-of-state child support orders when one party resides in Washington.
- Nebraska issued the initial order; Washington later issued orders altering duration and reserving postsecondary support.
- Nebraska’s age of majority is 19; Nebraska decree did not provide postsecondary support.
- 2007 Washington order terminated at 18 or high school graduation, reserving potential postsecondary support.
- 2009 Washington order granted Amanda postsecondary educational support up to age 23.
- Section RCW 26.21A.550 governs modification and duration and requires applying the issuing state's law for duration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postsecondary support is a durational modification under UIFSA | Schneider: postsecondary support extends duration and falls under UIFSA's durational control. | Almgren: the Nebraska order governs duration; Washington may not extend beyond Nebraska's duration. | Postsecondary support is durational and not permitted to extend duration; UIFSA applies. |
| Whether the 2009 order modifying duration violated UIFSA | Schneider: modification is permissible under UIFSA because it addresses postsecondary needs. | Almgren: duration cannot be changed from Nebraska law; Nebraska did not authorize postsecondary support. | 2009 order violated UIFSA by altering duration contrary to initial controlling order’s law. |
| Whether the trial court had authority to modify the Nebraska order in 2007 | Schneider: court-based modification permissible under UIFSA if conditions are met. | Almgren: conditions for modification under RCW 26.21A.550 were not met in 2007. | The court lacked authority in 2007 to modify duration under UIFSA. |
Key Cases Cited
- In re Erickson, 98 Wn. App. 892 (Wash. App. 2000) (UIFSA modification jurisdiction discussion)
- Doetzl v. Doetzl, 31 Kan. App. 2d 331 (Kan. App. 2d 2003) (durational issues under UIFSA for out-of-state orders)
- Scott v. Scott, 160 N.H. 354 (N.H. 2010) (out-of-state initial order governs duration under UIFSA)
- Marshak v. Weser, 390 N.J. Super. 387 (N.J. Super. 2007) (postsecondary support as durational under UIFSA)
- In re Schneider, 170 Wn.2d 1025 (Wash. 2011) (Washington Supreme Court on UIFSA duration)