Frequently Asked Questions
Frequently Asked Questions
Get Answers to Your Legal Questions
When you are facing legal issues, a myriad of worries and questions can keep you up at night. Let us help answer your questions and provide practical solutions to your legal concerns.
Below are some commonly asked questions about divorce, criminal defense and child custody.
Contact us if you don’t see your question listed, and we’re happy to answer any and all of your questions.
General
Consultations are telephonic and last up to one hour.
Yes. For most consultations the cost is a flat fee of $250. Consultations for business matters, licensing applications, or with our Senior Counsel, the cost is a flat fee of $300.
The cost of an initial retainer is case dependent. During your initial consultation the attorney will discuss your legal matter with you, the facts and circumstances of your case, and determine a retainer amount at that time.
Divorce
Alaska law recognizes two types of spousal support: Rehabilitation Support and Reorientation Support. Rehabilitation support is the money that pays for job training or school. The idea is that the money will be used to obtain skills to work or move up in your job. Reorientation Support is the money that helps you get used to living on less money than when you were married. This money is paid for a short period, usually a year or less, and usually when the division of marital property does not meet one party’s needs. One example of reorientation support may give a party temporary money while he waits to sell the house. Rehabilitation support usually lasts for the time it will take to complete school or job training. Reorientation support usually lasts for one year at most.
Yes. Our team is comprised of veterans who are very knowledgeable in navigating the complexity of the military retirement system. We are experts in calculating the division of a military pension and associated benefits, and drafting the Qualified Military Retirement Order.
Many service members often think that their spouse is not entitled to their military pension unless the marriage has been ten years or longer. This is a false assumption. Under Alaska law, any portion of the military pension that is earned during marriage is considered marital property and is subject to being divided during the divorce process. Defense Finance Accounting Service, however, will not make direct payments to a spouse unless the marriage was ten years or longer and overlapping with ten years of creditable service.
Child Custody
Alaska courts will use nine factors to determine where the child should be placed. These factors are commonly known as the best interest of the child factors. At trial, you will need to provide the Court with evidence of the child’s stable environment, any special needs, love, and affection between the parent and child, domestic violence, and substance abuse, to name a few. This evidence will come in the form of witness testimony and from exhibits such as text messages and medical records.
Modifying a custody order is a two-step process. First, the court has to find that there has been a substantial change in circumstances. This change in circumstances can come from the parents’ inability to communicate, an inability to make legal decisions, one party ending up in jail, a change in work schedule, or domestic violence between the parties or children. Step two is for the Court to determine if it is in the children’s best interest to modify custody.
Child support is calculated pursuant to Alaska R. Civ. P. 90.3. It is a mathematical calculation based upon the obligated parent’s income. If the child resides with each parent for a period, specified in writing (court order), of at least 30% of the year, then both parents’ incomes will be used to calculate child support. One common misconception is that if the parents of 50/50 equal parenting time, that no party will pay child support. That is not the case. Child support is calculated based upon the party’s income and number of overnights the child spends in each home.
Criminal Defense
Our firm charges an hourly rate for attorney work as well as a lesser hourly rate for paralegal work on your case. This work includes conducting an independent investigation, evidence analysis, and motions practice. In addition to the team working on your matter, there may be expert costs associated as well.
This answer is largely dependent on the severity of the charge(s) you face, and the amount of evidence being presented against you. Other factors such as motions practice, court backlog and prosecution/defense attorney availability may also cause delays in getting your case to trial.
Yes, and our team has decades of experience inside a military courtroom. During his active-duty career, Brad was a military prosecutor. In his Air National Guard role, Brad is the current Area Defense Counsel for all members of the Air National Guard in the State of Alaska. Other members of our team have been both prosecution and defense paralegals during their active-duty careers. Our team is well versed in navigating military administrative processes as well as defending a military member in a court-martial.