CSED, EX REL. HUSA v. Schofield

993 P.2d 405
CourtAlaska Supreme Court
DecidedDecember 3, 1999
DocketS-8370
StatusPublished

This text of 993 P.2d 405 (CSED, EX REL. HUSA v. Schofield) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CSED, EX REL. HUSA v. Schofield, 993 P.2d 405 (Ala. 1999).

Opinion

993 P.2d 405 (1999)

STATE of Alaska, DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT DIVISION, ex rel., Karen A. HUSA, Appellant,
v.
David L. SCHOFIELD, Appellee.

No. S-8370.

Supreme Court of Alaska.

December 3, 1999.

Daniel L. Brewster, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Patrick J. Blackburn, Law Offices of Patrick J. Blackburn, Anchorage, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

*406 OPINION

PER CURIAM.

I. INTRODUCTION

The Alaska Child Support Enforcement Division (CSED) appeals an order by the superior court reducing some of David Schofield's child support arrears to judgment. The superior court concluded that David and CSED had reached an agreement for David to pay a lower amount of monthly child support and accordingly reduced his arrearage. Because the superior court's judgment was a retroactive modification of child support obligations prohibited by Alaska Civil Rule 90.3(h)(2), we reverse.

II. FACTS AND PROCEEDINGS

David L. Schofield and Karen A. Schofield (now Karen Husa) were married in 1968 and have two children. The couple divorced in 1978, and Karen eventually was awarded custody of the children. CSED calculated David's child support obligation as $520.45 per month under Alaska Civil Rule 90.3, and on September 30, 1988, the trial court ordered that David pay this amount.

In June 1991 CSED informed David of his right to request a review of the amount of his child support obligation. CSED sent him a form to complete in order to initiate the review process. David apparently indicated to CSED that he wished such a review,[1] and the agency accordingly requested tax and other financial information from both David and Karen. Based on this information, CSED recalculated David's child support responsibilities under Rule 90.3 as being $286.00 per month.

CSED then notified both parents of the new $286.00 figure as well as the calculation method used to obtain it, and sent David a proposed consent order that the agency could file with the court. Along with the order, CSED sent David a letter explaining the procedure for modification of court-ordered child support obligations:

Please review the order, sign it before a notary, and return it to CSED.... CSED will then send the order to the other party for signature. After both parties sign the order, CSED will send it to the court for approval. The court will mail you a copy of the signed order and CSED will make the necessary adjustments to your case.

CSED also sent a copy of the proposed consent order to Karen, explaining that "[i]f the other party does not sign the consent order, the existing support order will not be modified unless a motion is filed with the court."

David was dissatisfied with the order, but he signed it "under protest" and returned it to CSED.[2] Karen, however, did not sign the order. As a result, CSED notified David that his remaining option was to file a motion with the court to achieve the modification of his child support obligation. CSED enclosed a copy of the motion for his signature but David never returned it to CSED. Two months later CSED sent David another copy of the motion; again, he did not return it. David claimed that either he never received these papers or he lost them. Because it did not receive the signed motions, CSED notified David in May 1992 that it had denied his request for modification of his support award because "[n]either party has returned necessary documentation to continue with the modification procedure." Despite this notification, David began making his child support payments in the amount of $286.00. No motion for modification was ever filed.

CSED reduced David's monthly payments to $385.52 in 1992 because his oldest child had reached the age of majority.[3] This figure *407 was calculated under Rule 90.3,[4] but did not take into account the more recent tax information that CSED had used to calculate the $286.00 figure.

Due to his long-standing history of non-payment and under-payment of child support, David accumulated substantial arrears. In June 1997 CSED filed a motion to reduce $6,113.65 in arrears to judgment under AS 25.27.226. David opposed the motion, claiming that he only owed $286.00 per month rather than $385.52 and that the arrearage amount requested by CSED was too high. He explained to the superior court his belief that CSED erroneously overcharged him and that CSED failed to cooperate with him during numerous attempts to resolve the discrepancy between the two figures.

The superior court held a hearing on the motion to reduce arrears to judgment on July 23, 1997. The court expressed concern that to reduce David's child support arrears by recalculating his obligations using the $286.00 figure might be a prohibited retroactive modification.[5] Ultimately, however, it invoked its equitable powers to reduce the judgment against David because "it was not unreasonable to think that the reduction [to $286.00] should have been granted, that the... administrative error in not granting it, getting it achieved, ought not to be a penalty to Mr. Schofield." The court found that "the parties intended that the monthly support obligation from and after January of 1992, until the last child's emancipation [in] August of 1993, was in the amount of $286.00 and that was the actual amount of monthly support arrearages, plus interest and deducting payments made...." Based upon this finding, the superior court issued a judgment against David for $2,466.64. CSED appeals.

III. STANDARD OF REVIEW

We apply de novo review when interpreting statutes and rules, adopting the rule of law most persuasive in light of precedent, reason, and policy.[6] But we generally will not disturb a trial court's decision on a motion to modify a child support award unless the trial court abused its discretion.[7] We will set aside a lower court's factual findings only when they are clearly erroneous.[8] Findings are clearly erroneous when, "after reviewing the record as a whole, this court is left with a definite and firm conviction that a mistake has been made."[9]

IV. DISCUSSION

A. The Superior Court's Decision Was a Retroactive Modification of Mr. Schofield's Child Support Obligation.

CSED argues that because it never filed or served motion papers in the case, the superior court did not have the authority to modify Mr. Schofield's child support obligation effective January 1992.[10] We agree with CSED that the superior court's decision was a retroactive modification.

Both federal and Alaska law prohibit, with few exceptions, retroactive modification of child support obligations, whether the change is an increase or a decrease in the parent's *408 obligation.[11] At times pertinent to this appeal, former Rule 90.3(h)(2) stated that "[c]hild support arrearage may not be modified retroactively. A modification which is effective on or after the date that a motion for modification is served on the opposing party is not considered a retroactive modification."[12]

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Bluebook (online)
993 P.2d 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/csed-ex-rel-husa-v-schofield-alaska-1999.