Whether strict scrutiny protections apply to child-support-orders

QUESTIONS PRESENTED : The need for equitable child support orders impacts millions of parents nationally. For an obligor parent, every right they have and all their property is at risk if they fail to pay child support. Per the legislative intent and finding of Washington State’s Child Support Schedule (RCW 26.19.001), “the legislature also intends that the child support obligation should be equitably apportioned between the parents.” Residential credit apportions child support to the higher income obligor parent for the child(ren)’s residential expenses directly incurred in their household and is only awarded in Washington State by the discretion of the court. The default denial of residential credit results in the most restrictive child support order with 100% of the total presumptive support obligation money awarded to the obligee parent and $0 to the obligor parent. In Washington State, 25.3% of all families have 50/50 equally shared custody and 58.1% significantly share custody defined by both parents having a minimum of 25% shared residential time. Residential credit is awarded to obligor parents in only 7.3% of all child support orders. 1.) If the interest of parents in the care, custody, and control of their children is one of the oldest of the fundamental liberty interests recog. nized by the U.S. Supreme Court, whether ii QUESTIONS PRESENTED Continued Strict Scrutiny protections apply to child support orders that are most restrictive when least restrictive or narrowly tailored orders would meet the State’s interests? 2.) If the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as procedure, whether the lack of an Attachment for Residential Schedule Adjustment (in Washington State) or any other court approved process to narrowly tailor child support orders is a due process violation? 3.) For parents with equal custodial rights and equal residential visitation, whether the default denial of residential credit that apportions 100% of child support (up to $2,880 monthly as in this case) to the obligee and $0 to the obligor equally protects children in both parental households? iii RELATED CASES In re Marriage of Clark, No. 77253-8-I, Washington Court of Appeals, Division One, Judgment entered Jun. 11, 2018.