ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
Alaskans are a unique group of people. Many of us left the homes where we grew up and traveled many miles to live in a land far from loved ones. Women who leave their friends and families to begin new lives, jobs, and raise children often find themselves troubled and alone when a marriage falls apart and their dreams begin to unravel.
For working mothers, balancing schedules between a job and raising children is difficult enough without the added stress of a marital breakdown. When all of these elements are present, numerous questions arise. Should I quit the job, and stay home with the children? Can I leave Alaska and take the children with me? Will I have to pay child support to my husband if the children are in his custody? Can I go to school and become a professional, just as my husband did throughout the marriage, and reach my income potential too?
There are no easy answers to these questions. Each situation is different. However, there are some general principles that a court will normally follow in determining what will happen to the children as a result of a divorce.
Mothers do not normally have preference in custody disputes. The court must award custody by determining what is in the best interest of the children. The fact that a parent is working will not generally effect the court's decisions regarding custody. However, a court may be concerned if parent is unable to visit or supervise children due to an excessive work schedule or a job which takes a parent away from the home for long periods of time.
If a parent is leaving the state on a permanent basis, the court must make the difficult decision of awarding primary custody of the children to one parent, and visitation to the other parent which does not interfere with a child's school schedule. This issue is so important that parents in Alaska who have previously been awarded custody may have to appear before a judge at a hearing prior to leaving to prove that an out of state move is in the best interests of the children.
Child support is determined using a formula which is described in what is called Civil Rule 90.3. Working mothers often must to pay a portion of their income to fathers who are awarded custody once the incomes of the parents are put into the formula for support calculation. Mothers who have temporary custody of children during a divorce may be able to receive child support, payment of attorney's fees, as well as spousal support.
Spousal support, also known as rehabilitative alimony, may be awarded at the conclusion of a case to mothers who successfully demonstrate that the court should do so based upon their earning ability, financial situation or job plans. These funds are often used to help women to become trained to enter the workforce at a higher rate of pay. However, there is a preference in Alaska for awarding a spouse property in lieu of alimony.
If you are a parent undergoing a case involving custody, it may be wise to discuss your options with a lawyer.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, custody, child support and adoption. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).