Richardson v. Kohlin

Summary

The Alaska Supreme Court affirmed a superior court order modifying Kenneth Kohlin's child support obligation after his income declined substantially following relocation and difficulty obtaining comparable electrician work. The court held that the income change constituted a material change in circumstances and that the superior court did not abuse its discretion by declining to impute potential Alaska income because Kohlin was not voluntarily and unreasonably underemployed.

Holdings

1. The superior court properly found a material change in circumstances because current Rule 90.3 calculations based on Kohlin's actual income produced support more than fifteen percent lower than the existing $804 order, and the November 2004 order had not evaluated or contemplated his continuing unemployment and difficulty finding work.
2. The superior court did not abuse its discretion by declining to impute income based on Kohlin's potential Alaska earnings because, considering the totality of the circumstances, his move and subsequent underemployment were reasonable and he diligently pursued higher-paying work.

Questions Presented

1. Whether Kohlin's inability to obtain comparable employment after moving to the Pacific Northwest constituted a material change in circumstances warranting modification of child support under Alaska Civil Rule 90.3.
2. Whether the superior court abused its discretion by declining to calculate child support based on Kohlin's potential income on the ground that his underemployment was not voluntary and unreasonable.

Disposition

affirmed