Pattee v. Pattee (1987)

He may, as a result of this order, choose to fish for a portion of each year, or do something else, but I find that considering the rele-vent [sic] factors under the court’s decisions in Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987), and Patch v. Patch, 760 P.2d 526 (Alaska 1988), his unilateral decision to go to school should not affect his child support obligation.

III.C)); Dunn v. Dunn, 952 P.2d 268, 270 (Alaska 1998) (“When determining the potential income of the obligor parent, the trial court must also balance the needs of the dependent children against the needs of the obligor for a career change.” (Emphasis added.)). 18 744 P.2d 658, 659 (Alaska 1987), overruled on other grounds by Nass v. Seaton, 904 P.2d 412 (Alaska 1995). 19 Id. at 662 (alterations in original) (citations omitted). -7- 7074 We remanded the case to allow the tr…

Fredrickson also argues that her plan to return to school justified a change to her calculated imputed income, relying on our cases that instruct trial courts “to consider all the circumstances of [a] change in employment to determine [child support].”73 When a superior court makes decisions about how a parent’s plans to change careers will impact a child support award, we have held that the court must consider the needs of the child, the ability of the custodial parent to m…

Nass, 904 P.2d at 418 (citing Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987)). .

Pattee v. Pattee, 744 P.2d 658, 660 (Alaska 1987), [1] overruled on other grounds, Nass v. *617 Seaton, 904 P.2d 412 (Alaska 1995); Soldano v. Soldano, 66 A.D.2d 839 , 411 N.Y.S.2d 395, 398 (N.Y.App.Div.1978) (conveyance by husband, in anticipation of wife's action for divorce and to prevent her from recovering alimony, is fraudulent and may be set aside unless purchaser took without notice and for value).

Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987).

Relying on Pattee v. Pattee, 744 P.2d 658, 662 (Alaska *1371 1987), he contends that a finding of voluntary unemployment is only warranted when the obligor parent has deliberately attempted to avoid a support obligation.

Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987).

Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987) (quoting In re Marriage of Rome v. Rome, 190 Mont. 495 , 621 P.2d 1090, 1092 (1981)), overruled on other grounds by Nass v. Seaton, 904 P.2d 412 , 416 n. 7 (Alaska 1995). 30 .

See Flannery v. Flannery, 950 P.2d 126, 132 (Alaska 1997). [13] Patch v. Patch, 760 P.2d 526, 530 (Alaska 1988). [14] Id. [15] For example, Form DR-301 "Order for Modification of Child Support" instructs: "It is very important to ask the court [to change this order] as soon as a change occurs because child support cannot be changed retroactively. . . ." [16] See Patch, 760 P.2d at 530 ("We agree . . . that a trial court should be reluctant to modify child support obligations…

Cf. Pattee v. Pattee, 744 P.2d 658, 660 (Alaska 1987), overruled on other grounds by Nass v. Seaton, 904 P.2d 412 (Alaska 1995) ("Our reading of the record leaves us with the definite and firm conviction that Richard intended to defraud Kim when [shortly before the divorce] he sold his interest in [a business held as marital property]."). 40 .

Pattee v. Pattee, 744 P.2d 658, 661 (Alaska 1987), overruled on other grounds by Nass v. Seaton, 904 P.2d 412 , 416 n. 7 (Alaska 1995). 16 .

See Vokacek v. Vokacek, 933 P.2d 544, 549 (Alaska 1997); Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987), overruled on other grounds by Nass v. Seaton, 904 P.2d 412 , 416 & n. 7 (Alaska 1995).

“A noncustodial parent who voluntarily reduces his or her income should not automatically receive a corresponding reduction in his or her child support obligation.” Nass, 904 P.2d at 418 (citing Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987)).

As a general principle, the trial court should “consider the nature of the changes and the reasons for the changes,! and then ... determine whether, trader all the circumstances, a modification is warranted.” Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987) (citation omitted). 10 E.

Jones v. Jones, 835 P.2d 1173, 1176 (Alaska 1992); Oberhansly v. Oberhansly, 798 P.2d 883, 885 (Alaska 1990); Hartland v. Hartland, 777 P.2d 636 (Alaska 1989); Pattee v. Pattee, 744 P.2d 658, 661-62 (Alaska 1987); Brooks v. Brooks, 677 P.2d 1230, 1232 (Alaska 1984).

Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987); Richmond v. Richmond, 779 P.2d 1211, 1216 (Alaska 1989). 9 .

We said in Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987): On the one hand we do not believe that an obligor-parent should be “locked in” to a particular job or field during the minority of his or her children....

See Pattee, 744 P.2d at 662 . [10] Quoting Alaska Civil Rule 90.3, Commentary III(C). [11] Laybourn v. Powell, 55 P.3d 745, 746 (Alaska 2002). [12] Id. at 747 . [13] Ogard v. Ogard, 808 P.2d 815 , 819 n. 6 (Alaska 1991). [14] AMERICAN LAW INSTITUTE, PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION: ANALYSIS AND RECOMMENDATIONS § 3.14(4) (2002). [15] Id. at § 3.14 cmt. d. [16] "The court may calculate child support based on a determination of the potential income of a parent who v…

See discussion infra Part IV.A.2. 23 . 744 P.2d 658, 662 (Alaska 1987) (overruled in part on other grounds by Nass v. Seaton, 904 P.2d 412 , 416 n. 7 (Alaska 1995)). 24 .

See Vokacek v. Vokacek, 933 P.2d 544, 549 (Alaska 1997). "[T]he judge [is] to consider the nature of the changes and the reasons for the changes, and then to determine whether, under all the circumstances, a modification is warranted." Id. (quoting Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987), overruled in part on other grounds by Nass v. Seaton, 904 P.2d 412 , 416 n. 7 (Alaska 1995)). "[A] noncustodial parent who voluntarily reduces his or her income should not automat…

Kowalski, 806 P.2d at 1371 ; see also Pattee v. Pattee, 744 P.2d 658, 659, 662 (Alaska 1987), overruled on other grounds in Nass v. Seaton, 904 P.2d 412 (Alaska 1995) (reversing trial court's decision to base support obligation on father's actual income after he quit work to become a student). 13 . 811 P.2d 1062, 1064 (Alaska 1991). 14 .

See Pattee v. Pattee, 744 P.2d 658, 662 (Alaska 1987) (voluntary reduction in noncustodial parent’s income does not necessarily justify reduction in child support obligation).