Michael J. Mitchell, Appellant v. Johanna M. Mitchell, Appellee

Summary

The court affirmed the superior court’s use of the father’s prior-year retirement-account withdrawal to calculate a one-year increase in child support because the withdrawal materially increased his income and the order was prospective rather than retroactive. The court held that the superior court erred by failing to consider the mother’s adequately raised claim that income should be imputed based on the father’s earning capacity and voluntary unemployment. The case was remanded for consideration of that claim, which could affect the need for the one-year calculation based on the withdrawal.