Cynthia Fernandez, Appellant v. David M. Fernandez, Appellee

Summary

The Alaska Supreme Court affirmed the superior court’s discretion to set aside the parties’ 1986 sham dissolution as fraud on the court under Alaska Civil Rule 60(b)(6) and to order child support based on the 2007 separation. The Court held that the fraud was sufficiently egregious to affect creditor protections, that Rule 60(b)(6) may be applied sua sponte and without a strict time limit, that in pari delicto does not bar relief, and that retroactive modification of child support was proper under the circumstances.