In re Marriage of Dodd
Decision Date | 16 March 2004 |
Docket Number | No. 21970-4-III.,21970-4-III. |
Citation | 120 Wn. App. 638,120 Wash. App. 638,86 P.3d 801 |
Parties | In re the MARRIAGE OF David A. DODD, Appellant, and Karen L. Dodd, Respondent. |
Court | Washington Court of Appeals |
Dennis C. Cronin, Attorney at Law, Spokane, WA, for Appellant.
Bevan J. Maxey, Attorney at Law, Spokane, WA, for Respondent.
David Dodd appeals a Spokane Superior Court child support modification order entered in favor of Karen Dodd based upon income imputed to Mr. Dodd under RCW 26.19.071(6). The issue is whether the trial court properly revised its court commissioner's order, which also imputed income to Mr. Dodd, but at a lower amount based upon what the commissioner believed Mr. Dodd could earn. Because, under this record Mr. Dodd's income was unknown, we hold the superior court properly acted within its revision powers. Accordingly, we affirm.
In May 1998, Mr. Dodd was ordered to pay $1,018 per month in child support for his two children based upon a net monthly income at $3,419. Mr. Dodd's failure to pay child support led to a series of support enforcement contempt proceedings. In June 2001, a superior court commissioner ordered Mr. Dodd to pay $29,105.04 in child support accrued from April 1998. The commissioner required Mr. Dodd to seek support modification, apparently to straighten out Mr. Dodd's confusing earning history working as a self-employed person in the logging industry.
In July 2001, Mr. Dodd petitioned for support modification, claiming a total monthly net income of $997.38 with total monthly expenses of $1,806.00. He filed tax returns and other financial statements in support of his petition.
The commissioner continued the matter until January 2003, partly so Mr. Dodd could provide the State with copies of his 2000 and 2001 tax returns. Deposed, Mr. Dodd admitted his logging customers would write checks to his girl friend to pay for his services. Mr. Dodd's girl friend would cash the checks and give the money to him. Mr. Dodd said he did not keep a checking account in order to prevent the State from seizing money to satisfy his unpaid child support.
In its oral ruling the commissioner partly stated:
Clerk's Papers (CP) at 248-51.
On February 14, 2003, the commissioner entered consistent findings of fact and conclusions of law incorporating the above-quoted oral decision, then ordered a support modification by imputing $1,300 in monthly income to Mr. Dodd with a transfer payment of $356 per month. Mrs. Dodd moved to revise the commissioner's ruling. On March 13, 2003, the revision court, partly ruled:
Report of Proceedings at 25-26.
The revision court arrived at an imputed monthly income of $2,610 for Mr. Dodd and $1,957 for Mrs. Dodd. The revision court entered a consistent notation order incorporating its oral ruling. The revised order of child support states: "The income of the obligor is imputed at $2610.00 because the obligor's income is unknown." CP at 283. "The obligor parent shall pay $755.00 per month." CP at 284. The revision court then entered a revised order granting modification of child support.
Mr. Dodd appealed.
The issue is whether the revision court erred in revising the commissioner's ruling by imputing income to Mr. Dodd in accordance with RCW 26.19.071(6).
"The actions of a superior court commissioner are subject to revision by a superior court judge." State v. Lown, 116 Wash.App. 402, 407, 66 P.3d 660, review denied, 150 Wash.2d 1024, 81 P.3d 121 (2003) (citing RCW 2.24.050; State v. Smith, 117 Wash.2d 263, 268, 814 P.2d 652 (1991)). "In cases such as this one, where the evidence before the commissioner did not include live testimony, then the superior court judge's review of the record is de novo." In re Marriage of Moody, 137 Wash.2d 979, 993, 976 P.2d 1240 (1999).
The revision court is in the same position as this court. Lown, 116 Wash.App. at 407, 66 P.3d 660. Accordingly, if a party challenges the commissioner's findings of facts and conclusions of law, the revision court reviews the findings for substantial evidence and the conclusions of law de novo. Id. at 407-08, 66 P.3d 660. "The superior court has the authority to review the records of the case, and the findings of fact and conclusions of law entered by the court commissioner." In re Marriage of Balcom, 101 Wash.App. 56, 59, 1 P.3d 1174 (2000) (citing RCW 2.24.050).
But the revision court's scope of review is not limited merely to whether substantial evidence supports the commissioner's findings. In re Smith, 8 Wash.App. 285, 288, 505 P.2d 1295 (1973). Instead, the revision court has full jurisdiction over the case and is authorized to determine its own facts based on the record before the commissioner. In re Dependency of B.S.S., 56 Wash.App. 169, 171, 782 P.2d 1100 (1989); In re Welfare of McGee, 36 Wash.App. 660, 679 P.2d 933 (1984); Smith, 8 Wash.App. at 288-89, 505 P.2d 1295.
Mrs. Dodd argues Mr. Dodd failed to challenge the commissioner's findings of fact. However, the superior court revision order supersedes the commissioner's ruling. Thus, our focus is whether the superior court abused its discretionary authority under RCW 2.24.050 when it revised the commissioner's support modification ruling.
"A trial court exercises broad discretion in its decision to modify the child support provisions of a divorce decree." In re the Marriage of Blickenstaff, 71 Wash. App. 489, 859 P.2d 646 (1993) (citing Lambert v. Lambert, 66 Wash.2d 503, 509-10, 403 P.2d 664 (1965)). "Under this standard, the reviewing court cannot substitute its judgment for that of the trial court unless the trial court's decision rests on unreasonable or untenable grounds." In re the Marriage of Leslie, 90 Wash.App. 796, 802-03, 954 P.2d 330 (1998) (citing In re Marriage of Griffin, 114...
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