Opinion

Van Dyke v. Thompson

  • 95 Wash. 2d 726
  • 630 P.2d 420
  • 1981 Wash. LEXIS 1082
Court
Washington Supreme Court
Filed
Jul 2, 1981
Status
Published
Author
Rosellini
On the bench
Dolliver, Rosellini, Utter
Cited by
22 cases

holding that a child support obligation incurred prior to the marriage may be pursued only against the earnings of an obligated spouse in the new community

How later courts described this case

  • holding that a child support obligation incurred prior to the marriage may be pursued only against the earnings of an obligated spouse in the new community
  • family support statute applies only to custodial stepparents
  • noncustodial stepparent not required to support stepchild

Written by the judges who cited it.

The opinion

Rosellini, J.

(concurring in part) — I have signed Justice Dolliver's majority opinion. Since it was not necessary in the opinion to address the question of the due process requirement, I agree with Justice Utter's holding that the plaintiff's constitutional right of due process was violated.

I would further hold that the requirement of payment of the amount accrued under the support payments ordered by the Superior Court before a hearing would be granted and that the hearing would be limited to the amount due, is unconstitutional.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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