Perry v. Child Support Services Division, 052912 AKCSS, 3AN-11-05894 CI

Docket Nº:3AN-11-05894 CI
Opinion Judge:SEN K. TAN, Superior Court Judge.
Party Name:GARLAND C. PERRY, Appellant, v. CHILD SUPPORT SERVICES DIVISION, STATE OF ALASKA, Appellee.
Case Date:May 29, 2012
Court:Superior Court of Alaska
 
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GARLAND C. PERRY, Appellant,

v.

CHILD SUPPORT SERVICES DIVISION, STATE OF ALASKA, Appellee.

No. 3AN-11-05894 CI

Superior Court Of Alaska, Third Judicial District, Anchorage

May 29, 2012

          Dated May 30, 2012.

          Dated June 04, 2012.

          SUPPLEMENTAL ORDER ON APPEAL

          SEN K. TAN, Superior Court Judge.

         INTRODUCTION

         On May 10, 2012, this court ruled on Mr. Perry's Appeal from the Office of Administrative Hearing's ("OAH") October 6, 2010 Decision and Order and affirmed CSSD's determination that FICA and State Unemployment Taxes should not be deducted from Mr. Petty's gross income. One issue remained unresolved: whether CSSD abused its discretion in calculating the amount of child support Mr. Perry actually paid for Tyler, his older child. The court scheduled a trial de novo on this discreet issue for May 29, 2012.

         On May 21, 2012, CSSD submitted with its Hearing Brief an Affidavit of Findings outlining CSSD's Policy for Calculating Prior Child Support Credit and detailing how CSSD had applied the policy in Mr. Perry's case.

         The May 29, 2012 hearing was scheduled for 3:30 p.m., Alaska time. CSSD was present. Although the court had given Mr. Perry permission to appear telephonically, he failed to do so. At around 3:40 p.m., the court called the phone number on file for Mr. Perry, but did not reach him. The court began the hearing at around 3:45 p.m., noting Mr. Perry's failure to appear.

         Given the affidavit CSSD submitted, and considering that Mr. Perry has not submitted to the court any evidence to the contrary, this court is satisfied that CSSD has accurately calculated the amount, of child support Mr. Perry...

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