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MacMillan v. Schwartz
Arizona Court of Appeals
250 P.3d 1213 (2011)
Facts
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.
Rule of Law
Issue
Holding and Reasoning (Irvine, J.)
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