O'Neal v. Campbell
300 P.3d 15
Alaska2013Background
- Parents Melanie O’Neal and Melvin Campbell have one child together; they share physical custody under a 2012 order.
- O’Neal has two additional children from a prior relationship for whom she is the sole provider.
- A January 2012 child support order required O’Neal to pay $240 monthly; a March 8, 2012 corrected order affirmed that amount.
- O’Neal moved for reconsideration asserting she directly supports the prior children and that shared custody should affect support.
- The superior court denied reconsideration, holding that Rule 90.3 does not permit deviations based on other children."
- The Alaska Supreme Court vacated and remanded to determine the extent of the deduction for direct support under Rule 90.3(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether support is proper with equal physical custody. | O’Neal argues equal custody means no support. | Campbell notes income disparity justifies support despite equal custody. | Support justified due to income disparity despite shared custody. |
| Whether O’Neal is entitled to a deduction for direct support of prior children. | O’Neal seeks deduction under Rule 90.3(D) for direct support. | Rule 90.3 does not authorize such deduction (no deviation). | O’Neal entitled to deduction under Rule 90.3(D); amount to be determined on remand. |
| Procedural viability of O’Neal’s reconsideration motion. | Motion shows meritorious issues; timely filing was ignored. | Motion was procedurally deficient and improperly raised new claims. | Court treated merits; remand focus remains on Rule 90.3 deduction. |
Key Cases Cited
- Koeller v. Reft, 71 P.3d 800 (Alaska 2003) (income disparity supports support despite shared custody)
- Beaudoin v. Beaudoin, 24 P.3d 523 (Alaska 2001) (guides calculation under 90.3 and support deviations)
- Routh v. Andreassen, 19 P.3d 593 (Alaska 2001) (adjusted income considerations in shared custody cases)
- Faulkner v. Goldfuss, 46 P.3d 993 (Alaska 2002) (acknowledges reliance on guidance from commentary to Rule 90.3)
- Gorton v. Mann, 281 P.3d 81 (Alaska 2012) (noted change to Rule 90.3(D) allowing direct-support deductions)
- Renfro v. Renfro, 848 P.2d 830 (Alaska 1993) (historical context of 90.3 deviations for hardship)
- State, Child Support Enforcement Div. v. Bromley, 987 P.2d 183 (Alaska 1999) (cited regarding child support methodology)
- Dunn v. Dunn, 952 P.2d 268 (Alaska 1998) (procedural aspects of reconsideration)