Schaeffer-Mathis v. Mathis

407 P.3d 485
CourtAlaska Supreme Court
DecidedOctober 27, 2017
Docket7211 S-15936
StatusPublished
Cited by13 cases

This text of 407 P.3d 485 (Schaeffer-Mathis v. Mathis) 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
Schaeffer-Mathis v. Mathis, 407 P.3d 485 (Ala. 2017).

Opinion

OPINION

STOWERS, Chief Justice.

I. INTRODUCTION

After nearly ten years of marriage and the birth of two children, a couple separated in 2012. Three years of contentiqus litigation followed, during which time the father had interim sole legal custody of the children, and the physical custody arrangements were modified multiple times. In 2015 the superior court issued the divorce decree and made findings regarding child custody and property distribution. The mother appeals, raising eight issues. We reverse and remand the superior court’s decision regarding the mother’s student loans and, if necessary, for a recalculation of the equitable distribution of

II. FACTS & PROCEEDINGS

A. Facts

Jacqualine Schaeffer 1 and Linus Mathis married in April 2002, separated in March 2012, and divorced in April 2015. Two children were born of the marriage, one in September 2002 and the other in June 2004. Schaeffer began working part-time toward the end of the marriage, after having been a stay-at-home mother, and she studied interi- or design online. She moved out of the marital home in October 2011 and filed for divorce the following month. She then moved back into the marital home, and she and Mathis sought marriage counseling. They ultimately separated on March 19, 2012, when Schaeffer allegedly hit Mathis in the head in front of their children, after which he called the police and she was arrested'and charged with assault.

B. Proceedings

1. Interim motions and proceedings

In November 2011 Schaeffer filed for divorce and requested joint legal and shared physical custody of the children. She used a form provided by the court system and did not pheck the form’s box for indicating that she had safety concerns for .herself, or the children. In March 2012 Mathis filed a petition for a domestic violence protective order, and he filed a response to Schaeffer’s complaint and asserted a counterclaim requesting sole legal and primary physical custody of the children because of “a history of domestic violence in this marriage with [Schaef-fer] being the abuser.” Schaeffer filed a reply denying that she had committed domestic violence and.alleging that Mathis was “the primary perpetrator of domestic violence in the marriage and parenting ■ relationships.” She requested sole legal and primary physical custody.

In April 2012 a hearing on the domestic violence and interim custody issues was held before Superior Court Judge Kari Kristian-sen, who found that Mathis testified credibly and that he proved by a preponderance of the evidence that Schaeffer had committed multiple acts of domestic violence against him. The court issued a long-term protective order because the protective, order in connection with Schaeffer’s pending criminal assault case was not protecting Mathis from contact with Schaeffer. The court ordered Schaeffer to “enroll in a program for the rehabilitation of perpetrators of domestic violence, and a substance abuse treatment program.” The court awarded Mathis interim sole legal and primary physical custody and granted Schaeffer visitation.

Schaeffer moved for reconsideration, which was denied; she was also ordered to pay child support. In July 2012 the superior court ordered a custody investigation.

In October Schaeffer filed a motion to modify interim custody based on three alleged substantial changes in circumstances. She alleged that Mathis had been abusive toward her and the children and had regularly failed to meet the children’s needs since the entry of the interim custody order, that she had transitioned to full-time employment and her new schedule conflicted with the visitation arrangement, and that she ha,d “complied with and completed her court-ordered anger management and alcohol counseling program requirements.” She requested sole legal and primary physical custody of the children or, in the alternative, a shared week-on/week-off custody schedule. -

The day after filing that motion, Schaeffer filed domestic violence petitions on behalf of the children. She also appears to have filed a report with the Alaska State Troopers alleging Mathis caused injury to mié of the children, and she filed a report with the Office of Children’s Services (OCS). In an October 2012 affidavit Mathis described a State Trooper incident that is consistent with the superior court’s later finding that Schaeffer encouraged one of the children “to make false allegations to law enforcement that his father grabbed him by the shoulder leaving a braise.” Regarding the OCS report, Mathis related in the affidavit that a caseworker was sent to the children’s school and that the investigation was closed because the caseworker found nothing wrong with the children.

Mathis responded to Schaeffer’s motion to modify interim custody, denying the allegations against -him but recognizing that Schaeffer “should have expanded visitation to account for her job.”

The superior court issued an order modifying interim custody in December 2012. The court noted that both Schaeffer and Mathis had made serious allegations against each other without providing much evidence. The court indicated that Schaeffer had “made some progress toward meeting the assessment and treatment goals” but that she had not demonstrated that she had complied with the requirements. The court granted Mathis continued interim sole legal custody of the children. It set a week-on/week-off interim physical custody schedule to take effect upon Schaeffer providing her substance abuse assessment and two clean urinalysis test results.

The custody investigation ordered in July and was completed in January 2013. The court custody investigator expressed concern that the children may have been coached by Schaeffer because of statements they made to him as well as information from OCS that the older child had reported being coached. Based in part on the concerns about coaching, the custody investigator recommended that Mathis be given sole legal custody. The custody investigator recommended a week-on/week-off physical custody schedule.

' In October Mathis moved to modify the interim custody order, which by then had changed to a week-on/week-off schedule; .he also moved for a partial no-contact order. The superior court granted the partial no-contact order and reduced Schaeffer’s time with the children to three weekends each month.

In April 2014 Schaeffer filed a motion for updates to the custody investigation and modification of interim custody. In light of the children’s experiences over the 19 months since the children were interviewed and their alleged increased maturity and ability to express themselves, .she requested “a re-interview of the boys and the parents and anyone else'that the investigator ...

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Bluebook (online)
407 P.3d 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaeffer-mathis-v-mathis-alaska-2017.