MacMillan v. Schwartz

Gail E. MacMillan and William C. Schwartz were divorced in March 2005 by consent decree. The consent decree incorporated a property-settlement agreement that provided that Schwartz would pay to MacMillan $6,666.67 per month in spousal maintenance. The property-settlement agreement further provided that any change in MacMillan’s income would not be considered changed-circumstances grounds for modification of spousal maintenance unless MacMillan’s earnings reached or exceeded $50,0000 per year. MacMillan suffered from chronic-fatigue syndrome, and at the time of the divorce, the spouses did not believe that MacMillan was capable of financially supporting herself. In April 2006, MacMillan got a job as a customer-service representative at Company Nurse, and she accepted a $48,000 salary. MacMillan also began receiving deferred compensation as part of a plan in which she was vested beginning in 2007. Between her salary and deferred compensation, MacMillan earned an average of $60,000 per year in 2007, 2008, and 2009. In 2009, Schwartz petitioned to reduce spousal maintenance because MacMillan was earning more than $50,000 per year. MacMillan filed her own motion to increase spousal maintenance, claiming that Schwartz’s income had increased by a third since their divorce, he had not contributed to the expenses of their 23-year-old son, and her earning capacity was impaired. Following a hearing, the trial court reduced Schwartz’s support-maintenance obligation to $4,250 per month.