In the Matter of the Marriage of: Timothy N. Thompson & Cherie B. Thompson ( 2020 )

FILED
JUNE 11, 2020
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
In the Matter of the Marriage of )
) No. 36823-8-III
TIMOTHY N. THOMPSON, )
)
Respondent, )
)
and ) UNPUBLISHED OPINION
)
CHERIE B. THOMPSON, )
)
Appellant. )
KORSMO, J. — Cherie Thompson appeals from an order confirming the amount
owing for uninsured medical expenses under the child support order entered following
the dissolution of her marriage to Timothy Thompson. By agreement of the parties, we
reverse the amount owing.
FACTS
Little need be said about the facts of this case. The couple dissolved their
marriage in 2013; they had one child together. The support order required the father to
pay all for all the child’s uninsured medical costs and 75 percent of costs incurred by
extraordinary or catastrophic events, with the mother paying the remaining 25 percent.
Mr. Thompson subsequently brought an action to collect unpaid extraordinary medical
No. 36823-8-III
In re Marriage of Thompson
expenses. Ms. Thompson defended by contending she did not owe anything because Mr.
Thompson recently experienced a significant increase in income.
After reviewing the evidence, the trial court ordered Ms. Thompson to pay Mr.
Thompson $3,500 to constitute her required share of qualifying costs. Ms. Thompson
timely appealed to this court; both parties represented themselves in this appeal. A panel
considered the matter without conducting oral argument.
ANALYSIS
Ms. Thompson raises two issues: (1) the amount she owes Mr. Thompson for
extraordinary costs, and (2) whether the court should have modified the support order.
Mr. Thompson concedes the first issue and the second is not properly before us.
Amount Owed to Mr. Thompson
Ms. Thompson claims that her share of the extraordinary medical expenses totals
only $2,059.24. Mr. Thompson concedes error and agrees this amount is appropriate.
We accept Mr. Thompson’s concession and remand this matter to the trial court to correct
the judgment.
Child Support Modification
A child support order may be modified when there has been a substantial change in
circumstances. RCW 26.09.170. The statute provides a streamlined procedure to adjust
the child support order to fit the parties’ current situation. In re Marriage of Morris, 176
Wash. App. 893, 901, 309 P.3d 767 (2013). To initiate modification proceedings, the
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No. 36823-8-III
In re Marriage of Thompson
moving party must file a petition and worksheets pursuant to RCW 26.09.175(1). This
also requires the completion of the court-approved worksheet service upon the respondent
of a summons, copy of the petition to modify the child support order, and copies of the
worksheets. RCW 26.09.175(2). The trial court may then hold hearings to review the
information each party submits to determine whether a modification is warranted. Morris,
176 Wash. App. at 901.
While Ms. Thompson argues the court should have modified the child support
requirements to account for Mr. Thompson’s increased income, she did not follow the
statutory modification procedure. The trial court did not err by declining to address her
modification argument.
Reversed and remanded to enter appropriate medical expenses award.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________
Korsmo, A.C.J.
WE CONCUR:
_________________________________ _________________________________
Fearing, J. Siddoway, J.
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