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Marriage of Urbana

195 P.3d 959 (2008)

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Marriage of Urbana

Washington Court of Appeals
195 P.3d 959 (2008)

Facts

Elizabeth Urbana (plaintiff) had two daughters from a previous marriage when she married Robert Urbana (defendant). Elizabeth and Robert then had a son, A.R.U. Elizabeth learned that Robert had sexually assaulted her two daughters, and she filed for divorce. Robert was convicted of child sexual abuse and sentenced to more than eight years in prison. When the divorce matter went to trial, Robert was earning $0.34 per hour for prison labor. The trial court found, among other things, that Robert could not pay child support for A.R.U. and thus the court could not enter a child-support order. Stating that Elizabeth had to support herself and three children, the trial court awarded an 80 percent share of the community property to Elizabeth and a 20 percent share to Robert. The trial court’s decree resulted in a patent disparity between the economic circumstances of Robert and Elizabeth. Robert appealed, arguing, among other things, that the trial court improperly included an award of child support in the division of community property.

Rule of Law

Issue

Holding and Reasoning (Van Deren, C.J.)

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Casebooks

Family Law

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