In Re Marriage Of Gillespie

SWEENEY, J. --Elaine Fay Gillespie filed a petition to modify the child support which her ex-husband, Michael Lee Gillespie, was required to pay for their child, Eric. The court concluded it lacked the authority to require Mr. Gillespie to pay support beyond Eric's 18th birthday because Eric had turned 18 prior to the time the petition was filed. On appeal, Ms. Gillespie contends (1) the court erred in ruling it did not have jurisdiction because Eric was still in high school and dependent on her for support; and (2) if RCW 26.09.170 does in fact deprive the court of jurisdiction to extend support, the statute is an unconstitutional denial of the equal protection of law. Mr. and Ms. Gillespie both request attorney fees. We affirm.