No. 20-300

James Alan Clark v. Wendy Kristine Clark

Lower Court: Washington
Docketed: 2020-09-08
Status: Denied
Type: Paid
Response Waived
Tags: child-support due-process equal-custody equal-protection fourteenth-amendment fundamental-liberty-interests residential-credit shared-custody strict-scrutiny
Key Terms:
DueProcess
Latest Conference: 2020-11-13
Question Presented (from Petition)

1.) If the interest of parents in the care, custody, and control of their children is one of the oldest of the fundamental liberty interests recognized by the U.S. Supreme Court, whether Strict Scrutiny protections apply to child support orders that are most restrictive when least restrictive or narrowly tailored orders would meet the State's interests?

2.) If the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as procedure, whether the lack of an Attachment for Residential Schedule Adjustment (in Washington State) or any other court approved process to narrowly tailor child support orders is a due process violation?

3.) For parents with equal custodial rights and equal residential visitation, whether the default denial of residential credit that apportions 100% of child support (up to $2,880 monthly as in this case) to the obligee and $0 to the obligor equally protects children in both parental households?

Question Presented (AI Summary)

Whether strict scrutiny protections apply to child-support-orders

Docket Entries

2020-11-16
Petition DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-22
Waiver of right of respondent Wendy Kristine Clark to respond filed.
2020-09-01
Petition for a writ of certiorari filed. (Response due October 8, 2020)

Attorneys

James Alan Clark
James Alan Clark — Petitioner
Wendy Kristine Clark
Karen D MooreBrewe Layman, P.S., Respondent