Marriage of Nussbaum CA2/1

BACKGROUND

On July 14, 2005, the superior court entered a status-only judgment of dissolution of the marriage of Nussbaum and Elson, reserving jurisdiction over all other issues. Several years later, the parties negotiated a resolution of the remaining issues, and on June 29, 2009, the court entered a stipulated judgment, approved by both Nussbaum and Elson as to both form and content, reflecting the parties’ agreement. Paragraph 19 of the judgment specifies the amounts Nussbaum is required to pay Elson “as and for spousal support.” Under paragraph 19(b), he is to pay her “$4,000.00 per month payable one-half on the first and one-half on the fifteenth day of each consecutive month commencing effective January 1, 2009 and continuing until death of either party, [Elson’s] remarriage, or further order of court.” Paragraph 19(b) provides in relevant part as follows: “As and for additional spousal support for the benefit of [Elson], [Nussbaum] shall pay to [Elson] 32% of his ‘gross income’ (as defined hereinbelow) in excess of $200,000 each calendar year, except that the amount of such additional spousal support due from [Nussbaum] to [Elson] shall be reduced by 32% of [Elson’s]…