A: Short and Sweet,when a child goes to college,
financial support may be the most important, if not the only, influence
that parents can exert over their children. The Washington statute strips this
influence only from divorced parents, not from nondivorced parents.
Consider the following scenarios of disparate treatment among parents based
solely on marital status in relation to the fundamental right to parent:
Scenario 1: A minor child graduates from Washington high school
and has a number of college alternatives from which to choose. The child is
leaning toward a decision that his or her parents know to be a financial,
academic, professional, or personal mistake. Nondivorced parents may use
financial support to influence the child to make a better, more appropriate
decision for the child and for the family checkbook. Under the Washington
statute RCW 26.19.090, however, divorced parents may be obligated to support
their child no matter what. This is disparate treatment of Washington parents
exercising their fundamental right to parent.
Scenario 2: Police arrest a Washington child attending college
for underage drinking or for possession of a controlled substance or for some
other crime statistically significant among college-age children. Nondivorced
parents may withdraw financial support to influence or to correct their child‘s
behavior. Divorced parents under Washington court order to pay
postsecondary-education costs, however, cannot withdraw support under
Washington statute. This is disparate treatment of Washington parents
exercising their fundamental right to parent.
Scenario
3: A Washington
child is technically passing his or her college classes but performing well
below his or her potential. Nondivorced parents may voluntarily end financial
support to influence their child‘s work ethic. However, divorced parents
obligated to pay under Washington law cannot withdraw support so long as the
student is meeting minimum academic requirements set by the institution. This
is disparate treatment of Washington parents exercising their fundamental
right to parent.
