Facts:  Petitioner Jeffrey Almgren and respondent Carol Schneider were divorced in Nebraska in 1997 and Almgren was ordered to pay child support until their two children reached the age of majority.  Schneider and the children subsequently moved to Washington, where Schneider petitioned for post-secondary educational support for their daughter after she was accepted to college.  The trial court granted the petition.  Almgren appealed the trial court’s decision, asserting that the trial court lacked the authority to extend child support for their daughter beyond the age of majority.  The Washington Court of Appeals affirmed the trial court’s decision.  Almgren appealed this decision to the Supreme Court of Washington.

Question(s):  Did the trial court have the authority to modify the duration of child support?

Conclusion:  Justice Wiggins’ opinion for a unanimous Court reversed the Washington Court of Appeals, concluding that as the duration of child support is not modifiable under Nebraska law and extends only to the age of majority, the trial court lacked the authority under the Uniform Interstate Family Support Act (Washington Revised Code §26.2A) to order post-secondary educational support.

Docket No. 85112-3 (from Court of Appeals Division III Case No. 28469-7)

Petitioner: Jeffrey Almgren

(Counsel: Charles M. Stroschein)

Respondent: Carol Schneider

(Counsel: Scott Calvin Broyles)

Briefs:

Argument: Thursday, September 22, 2011 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, December 22nd, 2011

Prevailing Party: Jeffrey Almgren (Petitioner)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011)

Madsen

Johnson

Alexander

Chambers

Owens

Fairhurst

Johnson

Stephens

Wiggins
(Majority)