Alaska Supreme Court

Alena Barnett, Appellant v. Timothy Barnett, Appellee

August 27, 20102010 Alas. LEXIS 91

Summary

The court affirmed that federal immigration-sponsorship law did not require Timothy to pay Alena spousal support or attorney's fees because her earning capacity exceeded the applicable poverty threshold and no enforceable support judgment existed. It reversed the state-law spousal-support award because the superior court improperly treated premarital courtship expenses as marital debt and failed to make findings sufficient to evaluate Alena's needs and rehabilitation plan. It also found no clear error in the superior court's factual findings and held that procedural challenges raised for the first time in the reply brief were waived.