v.
Margaret-ann Ghigleri
Filed Washington State Court of Appeals Division Two
September 18, 2018
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II VICTOR GHIGLERI, No. 49948-7-II Appellant. v. MARGARET GHIGLERI, UNPUBLISHED OPINION Respondent. LEE, A.C.J. – Victor Ghigleri appeals from the trial court’s order, denying his motion to revise a decision by a superior court commissioner granting Margaret Ghigleri’s petition for modification of child support for postsecondary educational support. Victor contends (1) the trial court erred in ordering him to pay postsecondary educational support for his daughter, Amanda Ghigleri, because the facts do not show that she is dependent and has actual need; (2) the trial court erred by not considering Victor’s income, his ability to provide for the other children, and the cost of attending a public university in ordering him to pay postsecondary educational support for his daughter, Joy Ghigleri, at a private university; and (3) the trial court erred by not limiting the total postsecondary educational support to 45 percent of Victor’s income as set forth in RCW 26.19.065(1). We affirm. No. 49948-7-II FACTS The parties were married in 1993 and separated in 2013. They have 8 children: Amanda, Benjamin, Joy, J.G, C.G., G.G., P.G., and N.G.[1] In 2015, the trial court ordered Victor to pay $3,001 per month in child support to Margaret and $300 per month to Washington State University as postsecondary educational support for Amanda. In June 2016, Margaret petitioned for modification, alleging that one of the children (G.G.) had reached the age of 12 and needed more child support, and a substantial change in circumstances would soon occur when Benjamin and Joy graduated from high school and began attending college. During the modification proceedings, Amanda provided a declaration stating that she had transferred to Western Washington University and was currently a full-time student pursuing joint degrees. Although she worked to help provide for her education, Amanda declared that she was still dependent on parental support. Joy also provided a declaration, stating that she was a theater major at Pacific Lutheran University (PLU), a private university. She declared that the total cost for one year of college was $54,668.75, but after financial aid and scholarships, her responsibility was “about $12,000.” Clerk’s Papers (CP) at 71. In response to Margaret’s petition for modification, Victor asked the court to “[c]hange Amanda’s post-secondary support award.” CP at 34. A superior court commissioner granted Margaret’s petition and entered a new child support order, ordering Victor to pay Margaret $2,249 per month in child support for J.G., C.G., G.G., No. 49948-7-II
[*2]P.G., and N.G., and to continue to pay $300 per month in postsecondary educational support for Amanda. The commissioner also ordered Victor to pay 80 percent of Joy’s postsecondary educational costs and Margaret to pay 20 percent; not to exceed a combined payment of $10,000 per academic year. The commissioner did not order postsecondary educational support for Benjamin. Victor filed a motion for revision of the commissioner’s order. The trial court denied the motion, stating that the order was denied “based on the evidence . . . and the statutory factors in RCW 26.19.065 and RCW 26.19.090.” CP at 102. In its oral ruling, the trial court stated that the cost of Joy’s education was “over $50,000” annually, but “that’s been substantially reduced in many instances by Joy herself taking on a job, getting partial scholarships, [and] getting a grant.” Verbatim Report of Proceedings (VRP) (January 27, 2017) at 13. The trial court subsequently entered written findings of fact and conclusions of law upon remand from this court. Relevant to this appeal, the trial court found: No. 49948-7-II No. 49948-7-II No. 49948-7-II No. 49948-7-II No. 49948-7-II No. 49948-7-II No. 49948-7-II
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