Shanigan v. Shanigan

Summary

The Alaska Supreme Court reversed an order reducing Terrence Shanigan’s child support obligation. The court held that CSSD incorrectly calculated his gross and adjusted annual income, including federal income tax and Medicare deductions, and that the resulting calculation did not establish the material change in circumstances required for modification. The court also held that Terrence should have been required to submit a sworn income affidavit, particularly concerning income from a consulting business.

Holdings

1. The superior court erred by relying on CSSD's erroneous calculations of Terrence's gross income, federal income tax, and Medicare tax obligations. The corrected calculation produced only an approximately 10.7 percent reduction in the existing support obligation, so the Rule 90.3(h)(1) presumption of a material change did not apply.
2. The superior court erred by granting the child support modification without requiring Terrence to submit the income affidavit required by Alaska Civil Rule 90.3(e)(1).

Questions Presented

1. Whether the superior court erred by adopting CSSD's erroneous calculations of Terrence's income and tax deductions when modifying child support.
2. Whether the evidence established a material change in circumstances under Alaska Civil Rule 90.3(h)(1) sufficient to support modification of child support.
3. Whether the superior court erred by granting the modification without requiring Terrence to submit the income affidavit required by Alaska Civil Rule 90.3(e)(1).

Disposition

reversed