In re the Marriage of Ortiz

Callow, J.*

—This case involves an automatic escalation clause to increase child support obligations due under a decree of dissolution. The trial court upheld the escalation clause as written. We reverse and grant judgment to the appellant, Angel Ortiz, for the excess of payments made to the Department of Social and Health Services (DSHS) pursuant to automatic increases in his child support obligations. We also grant the appellant attorney's fees and costs on appeal.

Angel Ortiz and Guadalupe Corona Ortiz were married on February 21, 1971, and subsequently adopted a daughter, Patricia. Their…