Murphy v. Newlynn

OPINION

MATTHEWS, Justice.

I,. INTRODUCTION

Alaska Civil Rule 90.3(h)(2) generally prohibits the retroactive modification of child support arrearages, but subsection (h)(8) authorizes courts to find that an obligee parent is precluded from collecting arrearages that accumulate for a period of nine months or more while the obligor parent is exercising de facto primary custody "of the children." The main question presented here is whether subsection (h)(8) can apply where the obligor parent has de facto primary custody of one, but not all, of the children who are the subject of a support order.…