Justia Alaska Supreme Court Opinion Summaries

Gregory Numann and Diane Gallant were married in 2002 and separated in October 2016. They verbally agreed to maintain separate residences, with Numann paying child support and both contributing to their child's college fund. Numann served in the military from 1989 to 2015, accruing a pension worth about $730,000 at separation. Gallant, who worked throughout the marriage, had two retirement accounts worth about $30,000. Gallant filed for divorce in 2021, seeking a portion of Numann’s military retirement benefit.The Superior Court of Alaska, Third Judicial District, held a two-day trial and issued a divorce decree in July 2022. The court awarded Gallant 50% of the marital portion of Numann’s military retirement benefit from the date of separation. It also credited Numann for child support payments made after their child reached the age of majority. The court found that Gallant was entitled to a portion of the retirement benefit starting from the date of separation and ordered Numann to pay Gallant $94,248.70, representing her share of the retirement payments received since separation. The court balanced this against other obligations to avoid prolonged financial entanglement.The Supreme Court of Alaska reviewed the case and affirmed the lower court’s decision. The court held that the division of the military retirement benefit from the date of separation did not violate federal law under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The court clarified that the USFSPA allows state courts to treat military retirement pay as marital property subject to division under state law. The court also found no evidence of judicial bias against Numann. However, the court remanded the case to correct an inconsistency in the final written order regarding the division of the military retirement benefit. View "Numann v. Gallant" on Justia Law

A mother and father of two minor children divorced in 2005. The mother was awarded sole legal and physical custody of the children and the father was ordered to pay child support. The father then joined the Army a year later. Five years later, the mother filed a motion to modify the standing child support award, seeking to increase the father's support obligation due to an increase in his income. The father did not respond to the motion to modify until the superior court informed him that it was prepared to award child support in the amount requested by the mother if the father did not file an opposition. The father then opposed the motion, arguing that the Servicemembers Civil Relief Act protected him from adverse civil actions because he was actively serving in the United States Army and contended that the mother had not properly served him with notice of the modification proceeding. Furthermore, he argued that the superior court should deduct the Basic Allowance for Housing that the father received as a servicemember from his income calculation. The superior court modified the parties' child support award without holding a hearing, ordering the father to pay increased child support. The father appealed, raising three challenges to the superior court's decision. Upon careful consideration of the father's arguments, the Supreme Court affirmed the Superior Court with respect to the father's challenges. View "Childs v. Childs" on Justia Law