James Alan Clark v. Wendy Kristine Clark

The need for equitable child support orders im­ pacts 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 Washing­ ton State’s Child Support Schedule (RCW 26.19.001), “the legislature also intends that the child support ob­ ligation should be equitably apportioned between the parents.” Residential credit apportions child support to the higher income obligor parent for the child(ren)’s resi­ dential expenses directly incurred in their household and is only awarded in Washington State by the discre­ tion of the court. The default denial of residential credit results in the most restrictive child support or­ der with 100% of the total presumptive support obliga­ tion 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 mini­ mum 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 old­ est of the fundamental liberty interests recog­ nized by the U.S. Supreme Court, whether