In the Matter of the Marriage of: Sarah Ourada & Sean Amestoy
39913-3
Wash. Ct. App.May 20, 2025Background
- Sean Amestoy and Sarah Ourada are parents to one child, F.A.; they had a child support order originally entered in 2015.
- Ourada petitioned for modification of child support, citing changed incomes and requesting Amestoy help pay for F.A.'s club gymnastics expenses.
- Both parties submitted evidence showing they worked approximately 35 hours per week and operated on monthly financial deficits.
- Amestoy’s health insurance premium covered his family at a flat rate, not increasing for more dependents, but the court prorated the cost per family member for child support calculations.
- The trial court increased Amestoy’s imputed income based on a 40-hour full-time work week, allocated only a prorated credit for health insurance, and required both parents to pay half of F.A.’s gymnastics expenses without assessing ability to pay.
- Amestoy appealed, challenging (1) the definition of "full-time" employment, (2) the insurance credit methodology, and (3) the extraordinary expenses order.
Issues
| Issue | Amestoy's Argument | Ourada's Argument | Held |
|---|---|---|---|
| Did the trial court err by defining full-time as 40 hours and imputing extra income? | "Full-time" should be actual, customary hours (35/wk) unless voluntary underemployment is found. | Imputing 40 hours is appropriate; Amestoy could work more hours. | Abuse of discretion; the court erred by using a flat 40-hour standard instead of actual job/industry norms. |
| Was the method to calculate health insurance credit incorrect? | Credit should be for the full family premium since cost does not increase with more dependents. | Pro rata credit is fair based on number of covered dependents. | No abuse of discretion; pro rata division is a permissible method. |
| Did the court err by ordering shared payment of gymnastics without assessing necessity and ability to pay? | Court needed to expressly find necessity and ability to pay before imposing obligation. | Order considered finances, gave flexibility about which expenses are jointly paid. | Abuse of discretion; no finding Amestoy could afford the new expenses. |
| Should the additional extraordinary expenses order be reversed? | Yes—requires specific findings on necessity and affordability. | No—evidence shows expenses were long-term and reasonable. | Yes, reversed; court must reconsider and make findings regarding ability to pay and necessity. |
Key Cases Cited
- In re Marriage of Chandola, 180 Wn.2d 632 (Wash. 2014) (standard of review and abuse of discretion in child support modifications)
- In re Marriage of Goodell, 130 Wn. App. 381 (Wash. Ct. App. 2005) (appropriate methodology for health insurance credit calculation)
- In re Marriage of Aiken, 194 Wn. App. 159 (Wash. Ct. App. 2016) (necessary findings for extraordinary expenses beyond basic child support)
- State ex rel. J.V.G. v. Van Guilder, 137 Wn. App. 417 (Wash. Ct. App. 2007) (requirement to find ability to pay for additional expenses)
