In the Matter of Marriage of Borracchini, No. 60494-5-I (Wash. App. 7/20/2009)
| Decision Date | 20 July 2009 |
| Docket Number | No. 60494-5-I.,No. 60495-3-I.,No. 60497-0-I.,No. 60498-8-I.,60494-5-I.,60495-3-I.,60497-0-I.,60498-8-I. |
| Court | Washington Court of Appeals |
| Parties | In the Matter of the Marriage of DORENE M. BORRACCHINI, Respondent, RICHARD LLEWELYN JONES, Appellant. In the Matter of the Marriage of DIANA T. WOODRUFF-JONES, Respondent, and RICHARD LLEWELYN JONES, Appellant. In the Matter of STATE OF WASHINGTON, ex rel., M.L.C., Child, Respondent, PATRICIA LEIGH COTTON, Respondent, and RICHARD LLEWELYN JONES, Appellant. RICHARD LLEWELYN JONES, Appellant, v. STATE OF WASHINGTON, a sovereign entity; STATE OF WASHIONGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES, a subdivision of the State of Washington; ROBIN ARNOLD WILLIAMS, as Secretary of the Washington State Department of Social & Health Services; SPENCER GRAF, as Support Enforcement Officer for the Washington State Department of Social & Health Services/Division of Child Support; and "JOHN DOES" and "JANE DOES" I through V, Respondents. |
Appeal from King County Superior Court. Docket No. 89-3-08397-7. Judgment or order under review. Date filed: 07/25/2007. Judge signing: Honorable Theresa B Doyle.
Counsel for Appellant(s), Richard Llewelyn Jones, Richard Llewelyn Jones PS, 2050 112th Ave Ne Ste 230, Bellevue, WA, 98004-2976.
James Elliot Lobsenz, Carney Badley Spellman, 701 5th Ave Ste 3600, Seattle, WA, 98104-7010.
Counsel for Respondent(s), Lisa Anne Dufour, King County Prosecuting Attorney's Office, 516 3rd Ave Rm E400, Seattle, WA, 98104-2362.
Lianne Schain Malloy, Attorney at Law, Po Box 40124, 7141 Cleanwater Dr Sw, Olympia, WA, 98504-0124.
Dorene M. Borracchini (Appearing Pro Se), 325 131st Avenue Ne, Bellevue, WA, 98005.
Diana T. Woodruff-Jones (Appearing Pro Se), 11545 24th Avenue N.e., Seattle, WA, 98125.
UNPUBLISHED OPINION
Richard Llewelyn Jones appeals the trial court's orders regarding back support in three child support cases and the order denying his petition for writ of mandamus. Jones claims that the trial court erred in calculating the amount of back support owed in each of his child support cases and in placing the burden on him to prove payment of his support obligations. Jones also argues that his procedural due process rights under the Fifth and Fourteenth Amendments were violated when he was not given notice or an opportunity to challenge the State's back support calculations before his name was added to the State's certified list of persons owing more than $5,000 in back support, which resulted in the denial of his application to renew his passport. Although the trial court erred in calculating the amount of back support owed in one case, we hold that the trial court correctly placed the burden on Jones to prove payment of his support obligations and determined that Jones's total support obligation exceeded $5,000, so certification was proper. We further hold that Jones received adequate due process since predeprivation notice and hearing are not constitutionally required in the context of this case.
From the time of her birth in July 1985 until April 1994, M.C. lived with her mother, Patricia Cotton; her father, Richard Jones, paid court-ordered support. In August 1995, Judge Marilyn Sellers granted Jones's petition to modify the existing parenting plan and support order, which established Jones as legal custodian of M.C. and ordered Cotton to pay support to Jones.
In April 1999, M.C. ran away from Jones's home, causing the Department of Social and Health Services (DSHS) to file a dependency action. In August 1999, Judge Patricia Clark entered orders of dependency and disposition, to which Jones agreed, placing M.C. in foster care. The Clark orders provided that the foster care would be supervised by DSHS and that Jones "may be held financially responsible for the foster care costs." M.C. was returned to her mother in January 2001, where she remained until she reached the age of 18 in July 2003.
After M.C.'s placement in foster care, the Division of Child Support (DCS) initiated an action to establish Jones's support obligation. In June 2001, Commissioner Eric Watness entered a support order requiring Jones to pay $155 per month beginning April 2000 and $310 per month beginning October 2000. Jones appealed the Watness order, arguing that as M.C.'s legal custodian, he was not required to pay support for her.
During the pendency of this appeal, the State brought a contempt action against Jones seeking to recover back support under the Watness order. In June 2002, Judge John Erlick denied the State's contempt motion on grounds that the State presented insufficient information regarding the character of M.C.'s custody and payments being made by the State.
In June 2003, this court in State ex rel. M.L.C. v. Jones1 affirmed the Watness order and held that Jones did not have legal custody of M.C. after August 1999 when the Clark orders were entered. The court explained that the Clark orders placed legal custody of M.C. in DSHS and thus suspended the custody and support provisions of the Sellers orders.2 The court in M.L.C. further held that Jones was responsible for M.C.'s foster care expenses and for her support while she was under the jurisdiction of the dependency court.3 The court rejected Jones's argument that he was entitled to an offset for the back support Cotton owed to him under the Sellers orders ruling that the State, not Cotton, was the true obligee of Jones's obligations for M.C.'s support.4
J.J. was born in September 1986 during Jones's marriage to Dorene Borracchini. The marriage was dissolved in December 1990. Under the dissolution decree, Jones was ordered to pay directly to Borracchini $500 per month for the support of J.J., starting in July 1990. Jones made some payments directly to Borracchini and some to the King County Superior Court Registry. Jones's obligation was decreased to $400 per month in February 1992 and decreased again to $258.80 per month in September 1993. Jones's obligation ended in May 2005 when J.J. graduated from high school.
On May 15, 2007, Borracchini submitted a declaration stating her belief that Jones owed her In June 2007, DCS closed Borracchini's case.
E.J. was born in March 1993 during Jones's marriage to Diana Woodruff. In February 2003, Woodruff filed a petition for dissolution.5 Commissioner Katharine Hershey entered a temporary support order in May 2003, ordering Jones to pay $1,009.40 per month beginning in May 2003 for E.J.'s support. Jones moved for revision, which Judge Mary Roberts granted in part in July 2003. The Roberts order modified aspects of the Hershey order by providing that E.J.'s day care and educational expenses would be paid by the parents directly to the providers: "The Child Support Worksheets should be revised to eliminate the $600.00 day care and $425.50 educational expense from the transfer payment since any day care and education expenses will be paid by the parties directly to the providers." The Roberts order required Jones to pay 48.1 percent of day care and educational expenses actually incurred. Jones appealed both orders to this court.
While these appeals were pending, Woodruff filed a contempt action against Jones, seeking recovery of child support under the Hershey order. In February 2004, Commissioner Richard Gallagher found Jones not in contempt but concluded that he owed a total of $749.11 in back support, including his share of daycare and educational expenses actually incurred, for the period from May 1, 2003 through January 31, 2004. This amount was determined by eliminating day care and educational expenses from the $1,009.40 transfer payment in the Hershey order as revised by the Roberts order, leaving a monthly transfer payment of $516.13. The Gallagher order expressly addressed Jones's share of day care and educational expenses actually incurred during this period and included the amounts he had not paid in its judgment. No party appealed this order.
In May 2004, Judge Michael Fox entered the dissolution decree, support order, and findings of fact and conclusions of law. The Fox orders affirmed the Hershey order as revised by the Roberts order, stating that it remained in effect unless modified by Jones's appeal. Jones was also ordered to pay an additional $1,200 in back support from October 2002 through March 2003, the period preceding the effective date of the Hershey order. Jones was further ordered to pay $647 per month starting in May 2004, increasing to $776 per month starting in March 2005 when E.J. turned 12.6 Finally, Woodruff was awarded a judgment of $14,075.80 for expenses, including medical bills and real estate taxes, that Jones had failed to pay as required by the Hershey and Roberts orders.
In October 2004, this court in In re Marriage of Jones7 affirmed the Hershey and Roberts orders. At the time of the Jones decision, Jones was also involved in contempt proceedings initiated by the State in June 2004. Although Commissioner Michael Bugni denied Jones's motion to dismiss, he granted Jones's motion for reconsideration in June 2005. The Bugni order stated that the back support the State was seeking was not child support and limited DCS's ability to seek support payments from Jones on the contempt calendar.8
In May 2006, Jones applied to renew his passport. About one month later, he received a letter from the United States Department of State advising that his application was rejected because he owed child support in excess of $5,000. According to Jones, he did not receive any notice or have any opportunity to challenge the certification of his arrearage. Jones wrote to his support...
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