Childers v. Childers

575 P.2d 201 (1978)

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Nature of the Case

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Facts

H and W were married in April 1953. They have three sons, born 1954, 1956 and 1959. Husband is a medical doctor practicing alone in King County. As of the trial date, H was 53 years of age and W was 45 years of age. Wife had no employment history other than as a waitress and some slight experience in helping around her H's office. She was not college-trained. The trial court entered a decree of dissolution and awarded the custody of the children to the petitioner (W), divided the property, fixed support payments to be paid by the respondent (H), and awarded an attorney's fee. The court's order required H to pay support for the parties' three sons while they attend college. Should each of the sons elect to complete work for a baccalaureate degree, each would be 22 years of age. That is 4 years beyond the present age of majority. H appealed to the Court of Appeals from that portion of the decree which requires him to pay tuition, books and miscellaneous educational fees of each son; and to maintain medical and dental insurance for the benefit of the wife and sons until such time as the sons are no longer dependent upon the parties for support. The Court of Appeals reversed as to the support order on the grounds that a parent owes no duty of support to a child who has attained the legal age of majority. The court reasoned that the privileges and immunities section of our state constitution (article 1, section 12) and equal protection under the fourteenth amendment to the United States Constitution would be violated by imposing such a duty, as there is no reasonable ground for making a distinction between divorced parents and married parents, the latter being 'free to bid their children a fiscal farewell at age 18.' W appealed