Q&A: 3 Scenarios

Q&A: How does RCW 26.19.090 interfere with Divorced Parents' Right to Parent?

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.