Marriage of Lien CA4/1

Good Law
Court of Appeal of CaliforniaMarch 16, 2015D064825California3,120 words

Opinion

Opinion

Irion, J.

I.

BACKGROUND FACTS AND PROCEDURE

Husband and Wife were married in September 1996, separated 11 years later in

September 2007 without any children, and Wife filed for dissolution of the marriage in

October 2007.

In preparation for a mandatory settlement conference, in March 2009 Husband

filed an income and expense declaration (2009 I&E), which disclosed in relevant part that

he was a naval flight officer stationed in Missouri with an average monthly income of

$8,578 and average monthly expenses of $6,182.1 In Wife's March 2009 settlement

conference statement, Wife submitted the unsworn statements that she was a student in

Indiana and that the parties agreed she had an average gross monthly income of $800.

The parties settled all of their disputes, as evidenced by a 14-page marital settlement

agreement (MSA) signed by the parties and their attorneys in April 2009.

As relevant to this appeal, the parties agreed as follows with respect to spousal

support:

"10. SPOUSAL SUPPORT. The parties are presently both in good health, and neither has any known illness, disability or physical condition which renders either incapable of gainful employment or makes either…

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