IN RE MARRIAGE OF ORTIZ

No. 53494-2.

108 Wn.2d 643 (1987)

740 P.2d 843

In the Matter of the Marriage of GUADALUPE CORONA ORTIZ and ANGEL ORTIZ, Respondents, THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner.

The Supreme Court of Washington, En Banc.

August 6, 1987.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Wilhelm Dingler, Assistant, for petitioner.

Lee & Uhrig, by M. Kathryn Lee, for respondents.

Deborah Perluss and Robert A. Stalker, Jr., on behalf of Evergreen Legal Services, amici curiae for petitioner.


ANDERSEN, J.

FACTS OF CASE

At issue in this case is whether a custodial parent, or that parent's assignee, must repay the noncustodial parent for all payments made by the noncustodial parent pursuant to an invalid escalation clause in a child support decree.

The marriage of Angel and Guadalupe Ortiz was legally dissolved in October 1977 in Whatcom County. The dissolution decree ordered Mr. Angel Ortiz to pay $150 per month for the support and maintenance...

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