Williams v. Williams
252 P.3d 998
Alaska2011Background
- Phyllis Williams and DeJeaux Williams, divorcing in 2000 after 14 years of marriage, have a child Camerin (born 1995) and reside in Alaska and Texas respectively.
- The parties' original divorce decree did not address DeJeaux's future military retirement; in 2001 the court amended the decree to allocate a portion of retirement pay and in 2007 awarded Phyllis 35% of DeJeaux's retirement pay under USFSPA.
- Phyllis moved multiple times (2009) to increase her share to 50% and to modify other matters; the superior court denied these motions and explained the calculations.
- Visitation has been contentious since 2001, with ongoing orders and frequent motions, including requests for a custody investigator (denied in 2009).
- Child support has fluctuated due to DeJeaux's income changes and veteran benefits; the court adjusted obligations several times and ultimately increased to $587/month in 2009, with other motions denied.
- Phyllis also alleged bias by the trial judge and sought contempt-related relief for dental expenses; the court denied those requests or found no basis for modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Phyllis's Rule 60(b) motions to reconsider the military division were timely and meritorious | Williams contends misinterpretation under USFSPA warrants relief | Williams argues motions were untimely and meritless | Motions untimely; denied on timeliness and merits |
| Whether the court properly awarded 35% of DeJeaux's disposable military retired pay | Williams seeks 50% of retirement pay | Current calculation reflects 50% of the marital portion, i.e., 35% of disposable pay | Correct calculation; 35% of disposable pay (50% of marital portion) upheld |
| Whether the summer 2009 visitation issue remained live or was moot | Phyllis sought to terminate summer 2009 visit | Issue no longer contested due to lapse of time | Moot; not reached |
| Whether the court abused its discretion by not appointing a custody investigator | Phyllis sought an investigator to assess Camerin's visitation preferences | Investigator not required; court can determine best interests without one | No abuse of discretion; not warranted |
| Whether the court properly handled child-support calculations and past-due arrears | Phyllis challenges calculation including military/disability benefits and alleged arrears | Court used substantial evidence and did not cancel arrears without judgment | Calculations affirmed; arrears issue not properly before court; no reversal |
Key Cases Cited
- Doyle v. Doyle, 815 P.2d 366 (Alaska 1991) (military pension division framework; 50% of marital portion)
- Chase v. Chase, 662 P.2d 944 (Alaska 1983) (upholding 50% of marital portion for retirement pay earned during marriage)
- Merrill v. Merrill, 368 P.2d 546 (Alaska 1962) (Merrill factors guiding unequal division of marital property)
- Tillmon v. Tillmon, 189 P.3d 1022 (Alaska 2008) (standards for child-support calculations and modification)
- Routh v. Andreassen, 19 P.3d 593 (Alaska 2001) (legal standards for determining income and child support adjustments)
- Ward v. Urling, 167 P.3d 48 (Alaska 2007) (circumstances for calculating earning capacity and income sufficiency)
