Marriage of Browne CA1/5

BACKGROUND

The parties’ marriage terminated in December 2011 pursuant to a judgment incorporating their MSA. Under the MSA, Sherry assumed primary physical custody of

1 For convenience, we hereafter refer to the parties by their first names. We do not intend this informality to reflect a lack of respect. 2 All undesignated section references are to the Family Code.

1 their two minor children and Jason paid her a monthly amount of child support based on his then-current salary.3 The MSA further provided for Jason to pay additional child support “on any bonus or additional income above this amount as and for child support as set forth in the attached bonus schedule.” The referenced “bonus schedule” is a computer-generated chart providing a varying percentage of “Father’s Bonus,” depending on the size of the bonus, be paid as child support.4 Sherry was not employed at the time judgment issued and had no income under the MSA for purposes of calculating child support. The MSA provided, “Jason will agree not to seek to have income imputed to [Sherry] before September 2011, when both children are in school. [Sherry] shall commence seeking work in September 2011 when both children are…