Childs v. Childs

Summary

The Alaska Supreme Court affirmed a superior court order modifying Joshua Childs’s child support obligation based on increased income. The court held that the Servicemembers Civil Relief Act did not require a stay because Childs failed to show that his military duties materially affected his ability to participate, and that notice and due process requirements were satisfied without an evidentiary hearing. The court also held that his military Basic Allowance for Housing was properly included as income under Alaska Civil Rule 90.3.

Holdings

1. An active-duty servicemember is not entitled to a stay merely because of military service; the servicemember must satisfy the Act's requirements and show that military duties materially affect the ability to participate or present a claim or defense. Joshua did not make that showing and actively participated in the proceeding, so the superior court did not abuse its discretion by denying a stay.
2. Service of a motion to modify child support by mailing it to the opposing party's last known address through first-class United States mail satisfies Alaska Civil Rule 5, and due process is satisfied when the notice provides sufficient time and information to prepare and present objections.
3. An evidentiary hearing is not required in every child support dispute; when the parties do not dispute the underlying facts and dispute only a legal issue concerning the calculation of income, the court may modify child support without an evidentiary hearing.
4. A servicemember's Basic Allowance for Housing constitutes income under Alaska Civil Rule 90.3 and must be included in the calculation of adjusted income for child support purposes.

Questions Presented

1. Whether Joshua was entitled to a stay of the child support modification proceeding under the Servicemembers Civil Relief Act.
2. Whether service by ordinary first-class mail, after correction of defects in the original notice, satisfied due process and Alaska Civil Rule 5.
3. Whether the superior court violated due process by modifying child support without holding an evidentiary hearing.
4. Whether a servicemember's Basic Allowance for Housing must be included in adjusted income when calculating child support under Alaska Civil Rule 90.3.

Disposition

affirmed