Olmstead v. Ziegler

42 P.3d 1102 (2002)

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Nature of the Case

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Facts

F and Ziegler (M) were married in August 1989. Their only child, Lauren, was born in January 1990. They divorced in December 1994. Both are attorneys. F agreed to pay for their daughter's daycare and education expenses. Their daughter no longer requires constant daycare, and she now attends public schools. Olmstead estimates that he spends approximately $80 per month on childcare. At the time of the divorce, F earned $53,000, and M earned $16,753 in 1994. M was subsequently hired as an attorney with the firm of Baxter, Bruce & Brand in Juneau, where her annual income increased significantly. In 1998, she earned $53,761. F's law partner was tired of F playing cards on the computer and left the partnership. F's income decreased significantly during this period. In 1996 his income dropped to $10,157. In 1998 he earned $13,075. F decided to become a teacher. F moved the court to modify child support. The trial denied the motion. The trial court found that the parties still possessed equal earning capacities. The trial court also reasoned that F has elected to learn new things for a while, and perhaps take on a new career. He is free to do so, but under our case law M and the child are not expected to finance these choices.