Schaeffer-Mathis v. Mathis
407 P.3d 485
| Alaska | 2017Background
- Jacqualine Schaeffer and Linus Mathis married in 2002, separated in 2012, and divorced in 2015; two children were born of the marriage.
- Interim proceedings were contentious: Judge Kristiansen earlier found Schaeffer committed multiple acts of domestic violence; she was ordered into treatment and Mathis was given interim sole legal and primary physical custody; custody arrangements changed multiple times.
- A custody investigation (January 2013) raised concerns that Schaeffer had coached the children and recommended sole legal custody to Mathis and a week-on/week-off physical schedule.
- At the 2014 divorce trial, the superior court found Schaeffer encouraged the children to lie about Mathis, discounted her allegations of abuse, awarded Mathis sole legal and shared physical custody, and divided marital property roughly equally.
- The superior court declined to treat Schaeffer’s student loans as marital debt and excluded them from equitable distribution; Schaeffer appealed on multiple grounds.
Issues
| Issue | Plaintiff's Argument (Schaeffer) | Defendant's Argument (Mathis) | Held |
|---|---|---|---|
| Whether the court abused discretion by denying update to custody investigation | Update necessary because children matured and events occurred since original interviews; investigator said update possible | Trial testimony and other witnesses could supply recent information; delay would harm children | Denial was within court’s discretion; affirmed |
| Whether court erred by not explicitly considering children’s custody preferences | Children older by trial; preferences should have been considered | Investigator reported coaching concerns and children were young; preferences untrustworthy | No abuse of discretion in not giving weight to preferences due to coaching concerns and children’s ages; affirmed |
| Whether court clearly erred in credibility/findings re: parents’ ability and domestic violence allegations | Schaeffer argued the court ignored her evidence of abuse and misweighed factors | Mathis argued Schaeffer’s allegations were not credible and she influenced children | Court’s credibility findings (discrediting Schaeffer’s abuse claims and finding she encouraged lying) were supported by record and not clearly erroneous; affirmed except where noted |
| Whether student loans are marital debt and subject to equitable distribution | Loans were incurred during marriage; presumptively marital and should have been divided regardless of degree completion | Mathis relied on testimony that loans were subsidized/grants and not repayable or otherwise not marital | Court’s decision to exclude loans was clear error; student loans are presumptively marital and must be treated as marital debt on remand |
Key Cases Cited
- Borchgrevink v. Borchgrevink, 941 P.2d 132 (Alaska 1997) (standard of review for custody determinations)
- Meier v. Cloud, 34 P.3d 1274 (Alaska 2001) (trial court discretion over custody investigations)
- Michele M. v. Richard R., 177 P.3d 830 (Alaska 2008) (weight to give child’s preference depends on maturity and motivation)
- Stanhope v. Stanhope, 306 P.3d 1282 (Alaska 2013) (proof required to characterize debt as marital)
- Richter v. Richter, 330 P.3d 934 (Alaska 2014) (marital debt presumption and burden to show separation)
- McDougall v. Lumpkin, 11 P.3d 990 (Alaska 2000) (timing and circumstances can make education debt marital)
- Ebertz v. Ebertz, 113 P.3d 643 (Alaska 2005) (deference to trial court credibility findings based on oral testimony)