MARRIAGE OF JOHNSON

No. 46752-8.

96 Wn.2d 255 (1981)

634 P.2d 877

In the Matter of the Marriage of VIRGINIA LEE JOHNSON, Petitioner, and ANDREW C. JOHNSON, Respondent, THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

The Supreme Court of Washington, En Banc.

October 15, 1981.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Eric B. Watness and Bruce Clement, Assistants, for appellant.

Johnson, Lane & Gallagher, by Joanne Henry and Thomas H. Oldfield, for respondent.

Don Herron, Prosecuting Attorney, and Stanley P. Wagner, Jr., Deputy, on behalf of Washington Association of Prosecuting Attorneys, amici curiae for appellant.


UTTER, J.

RCW 74.20.040 allows the Department of Social and Health Services (DSHS) to collect past due child support for children not receiving public assistance. The Superior Court ruled the act violates Const. art. 7, § 1 (amendment 14) and Const. art. 8, § 5, and granted a summary judgment to a delinquent father. We disagree and accordingly reverse.

Andrew and Virginia Johnson were divorced in April 1975. Virginia retained custody of their youngest...

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