### FILES? 

### COUNT OF APPEAI -

S OIVIM04 11 2013 

### OCT 22 

### AM 8: 54 ST)

P BY



### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II In re the Marriage of LYNN WINGENDER, Appellant,

V. PATRICK WINGENDER. No. 42344 -8 -II

UNPUBLISHED OPINION
QUINN-BRINTNALL, P.J. — Lynn Wingender appeals the trial court' s final order for child 

### support, final parenting plan, and decree ofdissolution. Due to the Lynn Wingender' s failure to perfect the record, we do not have a sufficient record to review her assigned errors. We affirm. FACTS Lynn and Patrick Wingender were married on 

### July 23, 1994. 1 

### They separated on August 30, 2009. Lynn and Patrick have three children: M.A.W., M.K.W., and M.P.W. After an eight

### daytrial,the trial court entered findings offact and conclusions oflaw,a decree ofdissolution, a final order on child support, and afinal parenting plan. 

### The trial court ordered that Patrick sell the family home. Any net proceeds from the sale ofthe home were ordered to be split between the parties so ifthe home was sold at a loss, each 1 We use the parties' first names for clarity. We intend no disrespect.No. 42344 - 8 -II 

### party was required to pay - halfofthe loss. The trial court also awarded " a disproportionate share of property to [ Lynn] in lieu of an award of maintenance." Clerk' s Papers ( CP) at 668. 

### Specifically, the trial court awarded Lynn the community property interest in Patrick's 401(k)
account at the time of separation: $ 50,317.74. 

### The trial court found that Lynn was voluntarily underemployed and imputed her income at $ 1, 920.00. Based on the imputed income, the trial 

### court ordered Lynn to pay atotal of $ 663.65 a month in child support. The final parenting plan designated Patrick as the primary residential parent. The trial 

### court found the following circumstances justified restricting Lynn's residential time with the children: ( 1) a pattern of emotional abuse of a child, (2) neglect or substantial nonperformance of parenting functions, (

### 3) long - term emotional or physical impairment which interferes with the performance of parenting functions, and .(4) the abusive use of conflict. Based on its findings, the trial court granted Lynn a two - hour supervised visit once a week. The trial court ordered that Lynn' s visits with the children be supervised " until supervised visitation is no longer
recommended 

### by the reconciliation counselor or until further order ofthe court." CP at 649.

Lynn filed a notice of appeal with this courton 

### July 6, 2011. Lynn designated the clerk' s papers and the verbatim report of proceedings ( RP) of the trial court' s ruling as the record on appeal. Patrick filed a motion to compel Lynn to provide the RPs ofthe trial (April 5 -8, 12 -18, 2011). 

### Patrick's motion was referred to the Thurston County Superior Court and the trial court denied his motion. Lynn asserted that she could not afford to have the entire trial transcript

2No. 42344 - 8 -II designated for the appeal. 

### Lynn received findings of indigency from Thurston County Superior Court and filed a motion for expenditure of public funds with the Washington State Supreme Court. The Supreme Court denied Lynn' s motion. Accordingly, the transcripts ofthe trial, and 

### the corresponding trial exhibits have not been designated as part ofthe record on appeal. ANALYSIS Lynn raises 22 issues in her appeal. 

### The issues are primarily related to specific findings 

### orconclusions inthe final parenting plan,final orderofchild support, orthe property distribution in the decree of dissolution. Lynn also raises some issues regarding the validity ofthe evidence presented at trial. Because there is no evidence in the record before us on review, the record is 

### insufficientto allow us to review any ofthe issues Lynn raises in her appellate brief. 

### We review aparenting plan for abuse ofdiscretion. In re Marriage ofCaven, 136 Wn.2d 800, 806, 966 P.2d 1247 ( 1998). We also review child support orders for an abuse ofdiscretion. In re Marriage of Griffin, 114 Wn.2d 772, 776, 791 P.2d 519 ( 1990). 

### Finally, we review a trial court' s property distribution for a manifest abuse of discretion. 

### In re Marriage ofBrewer, 137 Wn.2d 756, 769, 976 P.2d 102 ( 1999). Atrial court abuses its discretion when its decision is 

## manifestly unreasonable ormade on untenable grounds orforuntenable reasons. In re Marriage ofLittlefield, 133 Wn.2d 39, 46 - 47, 940 P.2d 1362 ( 1997). We review the trial court' s findings of fact for substantial evidence. 

### In re Marriage of Rockwell, 141 Wn.

### App. 235, 242, 170 P. 3d 572 (2007), review denied, 163 Wn.2d 1055 (2008). 

### Substantial evidence is evidence ofa sufficient quantity of evidence to persuade a fair - minded, rational person that the 

### finding is true. Rockwell, 141 Wn. 

### App. at 242. We defer to the trial

3No. 42344 - 8 -II 

### court on witness credibility and the persuasiveness ofthe evidence. In re Marriage ofAkon, 160 Wn. 

### App. 48, 57, 248 P. 3d 94 ( 2011). We then determine whether the trial court' s findings of 

### fact supportthe trial court's conclusions oflaw. Rockwell, 141 Wn.App. at 242.

It is the appellant' s burden to perfect the record on appeal. " 

### Ifthe party seeking review 

### intends to urge that averdict or finding offact is not supported by the evidence, the party should include in the record all evidence relevant to the disputed verdict or 

### finding." RAP 9.2(b). 

### When an appellant has failed to perfect the record on appeal, the court may decline to reach the 

### merits of an issue because it does not have all the evidence relevant to the issue before it. Rhinevault v. Rhinevault, 91 Wn. 

### App. 688, 692, 959 P.2d 687 ( 1998), review denied, 137 Wn.2d 1017 ( 1999). However, cases should not be decided on the basis of compliance or 

### noncompliance with the rules of appellate procedure except in compelling circumstances. Rhinevault, 91 Wn. 

### App. at 693 ( 

### deciding the merits of an issue because " although the 

### designated record and briefing in this case teeter on a tightrope of inadequacy, with some 

## difficultywe.have gleaned an outline ofthefacts sufficientto resolvethe issues beforeus ").

Here, there is no evidence contained in the record before us. Therefore, it is impossible to " glean" 

## any facts or evidence that may or may not support the trial court's findings and
exercise of discretion. See Rhinevault, 91 Wn. 

### App. at 693. 

### Accordingly, the complete lack of 

### trial record in this case is a compelling circumstance that requires us to decide the appeal on the basis of Lynn's failure to perfectthe record as required by RAP 9.2(b).

2No. 42344 -8 -II We affirm. 

### A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.

MAXA, J. r I QYJINN-BRINTNALL, P.J.

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