Sharpe v. Sharpe

Summary

The Alaska Supreme Court affirmed the denial of a non-custodial parent’s motion to reduce child support after she voluntarily left a high-paying job, relocated to a remote village, and adopted a subsistence lifestyle. The court held that the superior court properly considered the financial impact on the child and the parent’s personal, cultural, and religious needs in determining that her unemployment was unreasonable under Alaska Civil Rule 90.3. The court also held that there was no plain error in failing to address the parent’s free-exercise claim, which was raised for the first time on appeal.

Holdings

1. The superior court did not abuse its discretion by denying modification because, under the totality of the circumstances, Jolene's voluntary unemployment was unreasonable and would have an unreasonable financial impact on the resources available to support her daughter.
2. The superior court adequately considered Jolene's cultural, spiritual, religious, and personal needs and permissibly determined that they did not outweigh the child's need for financial support.
3. The superior court did not commit plain error by failing to address Jolene's free-exercise claim because she did not raise the claim below, and the record lacked evidence and argument addressing the elements necessary to evaluate it.

Questions Presented

1. Whether the superior court abused its discretion by denying modification of child support after the obligor voluntarily left a well-paying job, relocated to Stebbins, and adopted a subsistence lifestyle.
2. Whether the superior court adequately considered the obligor's cultural, spiritual, religious, and personal needs in determining that her unemployment was unreasonable.
3. Whether the superior court committed plain error by failing to address sua sponte a free-exercise claim that was raised for the first time on appeal.

Disposition

affirmed