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In 1996, the Alaska Supreme Court modifies the manner in which past child support obligations are determined in Alaska. In Matthews v. Matthews, 739 P. 2d 1298 (Alaska 1987) the Court held that a parent is obligated both by statute and by common law to support his or her children, even in the absence of a court order of support. A parent's duty of support encompasses a duty to reimburse other persons who provide the support the parent owes. The court held that a claim for reimbursement belongs to whomever supported the children, and is simply an action on a debt. The superior court was directed on remand to determine the actual amount a parent reasonably expended in support of the children, and to equitably allocate the burden between the two parents. The court was instructed to consider any legal defenses the non-custodial parent properly raises, and was to enter appropriate findings of fact and conclusions of law pursuant to Alaska R. Civ. P. 52(a).

This method set forth in Matthews placed a heavy burden on a custodial parent, who was required to produce evidence of all actual expenses for the child. A parent who failed to meet this burden could lose such a claim, if receipts were not kept since the birth of the child.

A parent who failed to meet this burden appealed her case to the Alaska Supreme Court in Vachon v. Pugliese, (Opinion No. 4428-November 8, 1996), arguing that the superior court should have ordered the obligor to reimburse her for past child support pursuant to calculations made based upon Alaska's current child support formula as set forth in Alaska Civil Rule 90.3. The court found that Matthews, decided in 1987, was not determinative of the issue because the court was not asked then to decide whether the newly-enacted Civil Rule 90.3 governed the issue.

In Vachon, the court reversed the trial court's ruling, holding that the superior court should have applied Rule 90.3 to determine past child support not covered by support orders, absent extraordinary circumstances. For all practical purposes, Matthews has been overruled by this decision, which apparently applies cases since Rule 90.3 went into effect in 1987.

The opinion Vachon provides good reasons to replace the Matthews requirements with a Civil Rule 90.3 calculation: Civil Rule 90.3 has the advantage of simplicity, predictability and consistency. Requiring proof of actual costs is difficult, and incremental costs attributable to support are often underestimated. Using the rule, it appears that a Superior court judge would determine the income or potential income of the obligor during the period when support was owed, and base support on a percentage of the income earned pursuant to the formula set forth in the rule. In Vachon, The Court determined that its ruling did not violate the prohibition against retroactive modification of arrearages set forth in Rule 90.3(h)(2), as there was no existing child support order for the period where reimbursement sought, and no existing arrearage to modify.

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). This article is not intended to provide legal advice and should not be relied on for that purpose.