Swaney v. Granger

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In May 2011, the superior court modified an existing child support order, specifying that the modification was to be effective as of March 2007. But because the motion requesting modification was not filed until February 2008, the superior court’s order constituted a retroactive modification. Furthermore, the superior court modified the child support award based on its finding that the father’s income exceeded the maximum amount specified in Alaska Rule of Civil Procedure 90.3(c)(2). Because retroactive modification of child support is prohibited and because the superior court’s determination of the amount owed did not conform to the analysis specified in Rule 90.3(a), the Supreme Court vacated the superior court’s modification of the child support order and remanded the case for further proceedings. View "Swaney v. Granger" on Justia Law