Swaney v. Granger
2013 Alas. LEXIS 32
| Alaska | 2013Background
- Divorced 2005 with four children; Clinton obligated for child support under a 2005 order based on assumed income > $100,000.
- Custody initially joint with Aimee as primary custodian; Clinton had visitation rights and $3,000 monthly support.
- 2006 custody temporarily shifted to Clinton; 2007 motion to terminate temporary order and reinstate December 2005 order.
- 2008 custody returned to Aimee; 2010-2011 hearings focused on Clinton’s 2007–2008 income and support adjustments.
- Superior Court modified support for March–November 2007 and December 2007 onward based on Clinton’s income, applying a $105,000 cap retroactively, and based on disputed business deductions.
- Alaska Supreme Court vacated the modification as retroactive and improper under Rule 90.3, remanding for proper income analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the modification was retroactive to before the motion date | Swaney contends retroactive modification violates Rule 90.3 | Granger argues modification based on custody change may be effective after motion | Yes; retroactive modification not allowed; vacated. |
| Whether the income used to calculate support complied with Rule 90.3 | Swaney argues 2007/2008 incomes require proper self-employment analysis | Granger contends court properly used income data | No; require adequate findings and proper analysis of self-employment income on remand. |
| Whether the cap in Rule 90.3(c)(2) was applied month-by-month | Swaney contends cap should vary by month | Granger argues a single cap suffices | Error; apply 100,000 before 4/15/2009 and 105,000 thereafter. |
Key Cases Cited
- Faulkner v. Goldfuss, 46 P.3d 993 (Alaska 2002) (guidance on income for support; scrutiny of deductions allowed in self-employment)
- Hammer v. Hammer, 991 P.2d 195 (Alaska 1999) (principles for calculating income and deductions in support cases)
- Spott v. Spott, 17 P.3d 52 (Alaska 2001) (provision on past-period income basis for support)
- Neilson v. Neilson, 914 P.2d 1268 (Alaska 1996) (self-employment income adjustments; depreciation and expenses scrutiny)
- Turinsky v. Long, 910 P.2d 590 (Alaska 1996) (principles for ongoing vs. past-period support calculations)
- Caldwell v. State, Dep’t of Revenue, Child Support Enforcement Div., 105 P.3d 570 (Alaska 2005) (commentary utility for Rule 90.3 application)
- Adrian v. Adrian, 838 P.2d 808 (Alaska 1992) (close scrutiny of business finances in support determinations)
- Yerrington v. Yerrington, 933 P.2d 555 (Alaska 1997) (retroactive modification considerations in Alaska)
- Nei lson v. Neilson, 914 P.2d 1268 (Alaska 1996) (self-employment income adjustments)