Washington Court of Appeals Reverses Yakima Judge on Foster Care Child Support
The Washington State Court of Appeals Division III, handed down an unpublished opinion on Thursday, partially reversing a Yakima County Superior Court judge’s child support calculation in a divorce case.
In a decision authored by Judge John Cooney, the appellate court ruled that Judge Kevin Naught abused his discretion when he included a Moxee mother’s foster care reimbursements as gross income for the purposes of calculating child support.
The Origins of the Legal Battle
The dispute stems from the dissolution of a 20-year marriage between Veronica and Gregory Butler. The couple separated in 2020, leading to a long legal battle over property, debt, and the custody of their then-14-year-old son.
According to the appellate opinion, the trial court noted that the Butlers had “lived above their means,” enduring three bankruptcies and facing approximately 36 court actions for debt collection over the course of their marriage.
By the time the case went to trial in September 2021 before Judge Naught, the proceedings had accumulated over 400 court filings and 27 hearings.
The Foster Care Calculation and a Custody Flip
Following the trial, Judge Naught initially designated Gregory as the primary residential parent and ordered Veronica to pay $826 per month in child support.
However, this arrangement changed significantly while the appeal was pending. When Gregory announced plans to relocate to Missouri for a new job, the parties agreed their son would not make the move.
As a result, the trial court entered a new agreed parenting plan designating Veronica as the primary custodial parent, with Gregory ordered to pay her $694 a month in child support.
Veronica, who represented herself pro se during the trial, continued her appeal regarding the trial judge’s initial child support calculations and other financial rulings.
During the marriage and continuing after the divorce, Veronica fostered children, typically two at a time. She received $672 per month in state reimbursement for each child. Judge Naught had included $1,344 of this reimbursement in her monthly gross income.
Writing for the unanimous three-judge panel, Judge Cooney explained that foster care reimbursements are intended to cover childcare expenses and are not considered taxable income under federal law.
“Thus, the trial court abused its discretion when it imputed to Veronica $1,344 per month of foster care reimbursements as income,” Cooney wrote.
The appellate court remanded the case back to Yakima County Superior Court to strip the foster care money from the initial calculations.
A Contentious Trial
Despite her victory on the child support issue, the Court of Appeals denied the rest of Veronica’s sweeping appeal.
Veronica had argued that Judge Naught erred by denying her a trial continuance, pointing to Yakima County Local Family Law Rule 3(b)(3) to claim she had been misled about the trial date following a settlement conference.
The appellate court disagreed, upholding Judge Naught’s broad discretion to manage his courtroom. The panel noted that Veronica had been properly notified of the trial date months in advance, writing that her claim of being caught off guard was “disingenuous.”
The court underscored the emotional toll of the protracted litigation, emphasizing that further delays were simply not in the child’s best interest.
The appellate court also upheld the trial court’s equal division of the couple’s property and debt, the order placing their son on the father’s health insurance, and the three-year spousal maintenance award paid to Veronica.
Gregory, who now resides in West Plains, Missouri, successfully petitioned the lower court to have that maintenance amount reduced after changing jobs—a modification the appellate court also affirmed.