Berry v. Coulman

Guy Berry and Colleen Coulman had a daughter, born in May 2010. Berry and Coulman never married. Berry was a soldier stationed at Fort Wainwright until shortly before their daughter was born, when he was transferred to Fort Bragg, North Carolina. Berry and Coulman did not have a custody agreement. Coulman had sole physical custody of their daughter from her birth. After Berry’s transfer Coulman contacted Alaska’s Child Support Services Division (CSSD) for assistance in obtaining child support from Berry. In May 2011 CSSD entered an order requiring Berry to pay Coulman $773 per month in child support. Berry appealed his child support obligation, arguing: (1) the superior court lacked subject matter jurisdiction to modify the order; or alternatively, (2) the court abused its discretion by modifying the support order without sufficient proof of a material change in circumstances; and (3) the court impermissibly retroactively modified the support order. The Alaska Supreme Court held the superior court properly exercised its jurisdiction in modifying the support order, that it did not abuse its discretion in modifying the order because there was sufficient proof of material change of circumstances, and that the one-day retroactive modification was a de minimis error that did not require correction. View "Berry v. Coulman" on Justia Law