Appellate Court Reverses Child Support Ruling in Yakima County Divorce
The Washington State Court of Appeals Division III issued a decision last Thursday, modifying a Yakima County Superior Court judge’s child support order in a long-running divorce case.
Judge John Cooney, writing for a unanimous three-judge panel, concluded that Judge Kevin Naught erred in treating foster care payments received by a Moxee resident as part of her gross income when determining monthly child support obligations.
Background: A Prolonged Dissolution
The case arises from the dissolution of a two-decade marriage between Veronica and Gregory Butler, who separated in 2020. Their divorce proceedings became increasingly complex, involving disputes over assets, liabilities, and custody of their son, who was 14 at the time of separation.
Earlier reporting indicates the couple had maintained a lifestyle exceeding their financial means, filing for bankruptcy three times and facing roughly three dozen debt collection actions during their marriage. By the time the matter proceeded to trial in September 2021, the court docket included over 400 entries and 27 hearings.
Foster Income Included—Then Set Aside
At trial, Judge Naught assigned Gregory primary residential custody and directed Veronica to contribute $826 monthly toward child support. While the appeal was pending, Gregory accepted a job in Missouri and proposed relocating with their son. The parties subsequently agreed the child would remain in Washington, prompting the court to revise the parenting arrangement.
Under the updated order, Veronica became the primary custodian, and Gregory began paying her $694 per month in child support. Veronica, who appeared without an attorney during the trial, pressed forward with her appeal, challenging not only the initial support figure but also several other financial determinations.
Throughout the marriage and into the post-divorce period, Veronica cared for foster children, typically hosting two at once. She received $672 per month from the state for each child placed in her home. Judge Naught had incorporated the full $1,344 into her monthly gross income when calculating support.
In reversing that component, Judge Cooney noted that such reimbursements are meant to defray the costs of caring for foster children and are excluded from taxable income under federal guidelines. “The trial court abused its discretion when it imputed to Veronica $1,344 per month of foster care reimbursements as income,” Cooney stated.
The appellate division directed the Superior Court to recalculate the initial child support order without including those foster care payments.
Trial Proceedings Met with Mixed Results
Although Veronica succeeded on the foster care issue, the Appeals Court upheld most of Judge Naught’s other rulings. She had contended that the judge improperly denied her request for a continuance, citing Yakima County Local Family Law Rule 3(b)(3), which she said led her to misjudge the trial timeline following a settlement conference.
The appellate panel rejected that argument, affirming Judge Naught’s authority to control courtroom scheduling. Judges observed that Veronica had received timely notice of the trial date months before proceedings began and dismissed her claim of surprise as “disingenuous.”
The court also highlighted the emotional and logistical strain of the drawn-out litigation, noting that additional delays would likely detract from the child’s well-being.
The Court of Appeals has ratified the trial judge’s decision to split the former spouses’ assets and liabilities equally. The higher court also validated the directive requiring the father to cover the costs of their son’s medical coverage, as well as the initial award of spousal support to Veronica.
Living in West Plains, Missouri, Gregory had previously asked the lower court to lower his monthly support payments following a career change. The appellate panel agreed with the trial court’s decision to approve that reduction.