Legal Opinion

In Re Marriage of Barber

Court of Appeals of Washington

Decided May 25, 2001No. 25771-8-IIPublishedCited by 10 opinions

1Opinion of the Court

Sally Barber appeals an order requiring her to reimburse her ex-husband for day care expenses she did not incur. We hold that the reimbursement provisions of RCW 26.19.080 (3) are mandatory for overpayments after June 6, 1996. But because we hold that the trial court erred by failing to consider whether or not the doctrines of equitable estoppel and laches prevent Brian Barber from bringing the reimbursement claim, we remand for further proceedings.

FACTS

Brian Barber paid his ex-wife, Sally Barber, child support and day care expenses under a February 25, 1994, decree of dissolution. The court…

2Cases cited12 opinions

  1. Tyler Pipe Industries, Inc. v. Department of RevenueWashington Supreme Court · 1982
  2. State v. LundquistWashington Supreme Court · 1962
  3. Dickson v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1970
  4. Hartman v. SmithWashington Supreme Court · 1984
  5. Roy v. CunninghamCourt of Appeals of Washington · 1986

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3Cited by10 opinions

  1. Nickell v. SOUTHVIEW HOMEOWNERS ASS'NCourt of Appeals of Washington · 2012
  2. In re the Marriage of FairchildCourt of Appeals of Washington · 2009
  3. In re the Marriage of AyyadCourt of Appeals of Washington · 2002
  4. In re the Marriage of DicusCourt of Appeals of Washington · 2002
  5. In re the Marriage of AndersonCourt of Appeals of Washington · 2006

5 more not listed; retrieve them via the Exa API.

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