Repeal RCW 26.19.090

  • por: Advocates for Divorced Parents'
  • destinatário: Washington State Legislature, Secretary of State of the State of Washington, and Washington State Governor Christine Gregoire.

The people of the State of Washington ---- and those people subject to Washington State Orders of Child Support who may or may not still reside in the State of Washington ---- recognize the need and value of postsecondary educational support for children of both married and divorced families.

The people encourage all parents to assist their children, both financially and emotionally, with their postsecondary education as they are financially able given these austere economic times.

The current WA state law (RCW 26.19.090) doesn't make it mandatory for married parents to pay for their children's college but does if they are divorced.


Therefore, since married parents cannot be compelled to pay for their adult children's college education, the people find that ordering divorced parents to financially assist toward postsecondary education is unduly burdensome and infringes on the right of the divorced parent to choose the level of assistance they would otherwise provide if they remained married.
 
Finally, RCW 26.19.090 unfairly discriminates between potential college students based solely upon the marital status of their parents, which is certainly underinclusive.

We the undersigned, the people of the State of Washington and those subject to Washington State Child Support Orders recognize the need and value of postsecondary educational support for children of both married and divorced families.
 
The people encourage all parents to assist their children, both financially and emotionally, with their postsecondary education as they are financially able given these current austere economic times.

The people declare that the determination of a child's best interest with regard to postsecondary educational support shall be the sole and exclusive prerogative of that child's parents and, further, that it is the inalienable right of parents to structure the kind, amount, and timing of such support, based upon the parents' singular and superior knowledge of their child's individuality, in a way that maximizes the child's individual potential.

The people hereby expressly disapprove of case law that compels divorced parents to pay for their adult children's college education as contrary to sound public policy with regard to postsecondary educational support.

Therefore, since married parents cannot be compelled to pay for their adult children's college education, the people find that ordering divorced parents to financially assist toward postsecondary education is unduly burdensome and infringes on the right of the divorced parent to choose the level of assistance they would otherwise provide if they remained married.
 
Finally, RCW 26.19.090 discrimates between potential college students based solely upon the marital status of their parents, which is certainly underinclusive.

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