DeVaney v. State, Department of Revenue, Child Support Enforcement Division Ex Rel. DeVaney

928 P.2d 1198, 1996 Alas. LEXIS 149, 1996 WL 727897
CourtAlaska Supreme Court
DecidedDecember 20, 1996
DocketS-7268
StatusPublished
Cited by13 cases

This text of 928 P.2d 1198 (DeVaney v. State, Department of Revenue, Child Support Enforcement Division Ex Rel. DeVaney) 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
DeVaney v. State, Department of Revenue, Child Support Enforcement Division Ex Rel. DeVaney, 928 P.2d 1198, 1996 Alas. LEXIS 149, 1996 WL 727897 (Ala. 1996).

Opinion

OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

The superior court denied William DeVa-ney’s motion seeking relief from a 1991 order that modified a 1984 dissolution decree to correct an error in the decree. DeVaney appeals. We affirm.

II. FACTS AND PROCEEDINGS

In March 1984 William DeVaney and Deborah DeVaney submitted to the superior court a petition for the dissolution of their marriage. The petition provided that Deborah would have physical custody of the De-Vaneys’ four children during the school year. It further provided that William would pay child support of “$175.00 per month, per child ... for a total of $700.00 per month,” excluding the summer months during which he would have custody of the children. (Emphasis added.)

At a hearing on the petition, the court stated, “I have provided for child custody and support as set out in the petition.” In the decree it issued following the hearing the court incorporated as part of its findings “[t]he agreements of the petitioners as outlined in the petition,” and therefore ordered:

2. Petitioners shall perform their agreements as incorporated in the findings.
3. Child Custody and Support: Joint custody of parties; Visitation per agreement as in petition. Physical custody with Mother in school year; Physical custody with Father in vacations including summer. $175 per month support by father except period June 1 — Aug 31. Total $175.00 per month paid 15th each month beginning 5/15/84.

(Emphasis added.)

William knew the court had erred when it set the total amount of child support at $175 per month, rather than at $175 per child per month for a total amount of $700 per month. The court’s error notwithstanding, he agreed to pay Deborah $700 per month. Thus neither party informed the court of the discrepancy between the $700 child support total in the petition and the $175 total in the court’s decree.

In December 1990 William sent a letter to the court seeking a reduction in his child support obligation. Apparently the court discovered the discrepancy between the petition and the decree while reviewing the file to respond to this letter. In April 1991 the court issued an order amending the last two sentences of paragraph three of the order section of the 1984 decree to read: “$175.00 per month per child support by father except period June 1 — Aug 31. Total $700.00 per month paid 15th of each month beginning 5-15-84.” It wrote, “[t]his order is made on the court’s own motion and is made pursuant to [Alaska Civil Rule] 60(a) ... to correct the computational error in the original decree.”

In May 1995 William filed a motion seeking relief from the 1991 order. The superior court denied the motion.

III.DISCUSSION

A. Standard of Review.

William claimed before the superior court that the 1991 order was void and sought relief from it pursuant to Alaska Civil Rule 60(b)(4). 1 “Although under other subsections of Rule 60(b) the movant must show that denial of the motion below was an abuse *1200 of discretion in order to prevail on the appeal, no question of the lower court’s discretion is presented by a Rule 60(b)(4) motion because the validity of a judgment is strictly a question of law.” Aguchak v. Montgomery Ward Co., 520 P.2d 1352, 1354 (Alaska 1974); see also Kennecorp Mortgage & Equities, Inc. v. First Nat’l Bank of Fairbanks, 685 P.2d 1232, 1236 (Alaska 1984).

William argues that the 1991 order is void because the court issued it in a manner inconsistent with due process of law. 2 Whether a state action violates the due process protections of the state or federal constitution is a question of law. Carvalho v. Carvalho, 838 P.2d 259, 261 n. 4 (Alaska 1992). William further argues that the error in the 1984 decree is not of the type covered by Alaska Civil Rule 60(a), which provides for the correction of clerical errors. Whether an error is properly classified as a “clerical error” as that term is used in Rule 60(a) involves interpretation of that rule and therefore is a question of law. See Staso v. State, Dep’t of Transp., 895 P.2d 988, 990 (Alaska 1995) (finding that interpretation of Alaska Civil Rule 42(c) is a question of law). This court reviews questions of law de novo. Jones v. Jennings, 788 P.2d 732, 735 (Alaska 1990).

B. William Was Not Denied Due Process.

William argues that due process requires notice and an opportunity to be heard prior to the correction of an error that has been in place for so substantial a period as the seven years in this case. His due process argument fails. William has not shown an interest of sufficient importance to trigger due process protection. “It is well-established that this court will take cognizance of a due process claim only where there is an alleged deprivation of a sufficient ‘liberty or ‘property interest to warrant constitutional protection.” Hornaday v. Rowland, 674 P.2d 1333, 1344 (Alaska 1983).

According to William, “[t]he private interest in this case was William DeVaney’s interest in being heard before his rights and obligations under the 1984 Decree were altered.” William is claiming that the denial of a hearing deprived him of the interest he had in the court’s error. That is not an interest sufficient to warrant constitutional protection. Thus the 1991 order does not violate due process.

C. The Court’s Error Was Correctable Pursuant to Rule 60(a).

Alaska Civil Rule 60(a) provides in part:

Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

William argues that the court “erred in applying Rule 60(a) because the error in the 1984 Decree was judicial in character rather than clerical.” “The child support provisions of the 1984 Decree may have been mistaken, but they accurately reflected the trial court’s intent.” This argument is without merit. 3

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Bluebook (online)
928 P.2d 1198, 1996 Alas. LEXIS 149, 1996 WL 727897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devaney-v-state-department-of-revenue-child-support-enforcement-division-alaska-1996.