Anchorage Child Support Modification Lawyer
A final child support award may be modified upon a showing of a material change of circumstances as provided by state law. A material change of circumstances will be presumed if support as calculated under the rule is more than 15 percent greater or less than the existing support order.
Voluntarily reducing one's income may not justify a modification of child support. Determining whether or not a parent is voluntarily and unreasonably under-employed is essentially a question of fact. The trial court should consider "the nature of the changes and the reasons for the changes, and then ... determine whether under all the circumstances a modification is warranted." The commentary to Rule 90.3 provides that the court may impute a "potential income" to a non-custodial parent if the court determines the parent is "voluntarily and unreasonably ... unemployed or underemployed."
Trial courts have broad discretion in deciding whether to modify child support orders. A trial court's determination of whether to modify child support will be reviewed for abuse of discretion. An abuse of discretion occurs when, based on a review of the whole record, the court is left with a definite and firm conviction that a mistake has been made.
Contact Attorney Kenneth M. Wasche for a Free Initial Consultation
Consultations can be scheduled on-site at attorney Kenneth M. Wasche's Anchorage office or off-site as necessary. As a licensed pilot and member of the Alaska Airman's Association Mr. Wasche can visit many of Alaska's road inaccessible locations by air.
To schedule a free initial consultation with an Alaska family law lawyer, call 907-980-1223 or send an e-mail.
