Marriage of Wiles CA2/8

FACTS AND PROCEDURAL HISTORY

Jeff and Sheri Wiles married in 1984 and separated in 2007.1 A stipulated marital dissolution judgment was entered in March 2011, which contained a provision that obligated Jeff to pay Sheri monthly spousal support of $1,950. The judgment provided that “spousal support is modifiable” when the following occurred, either alone or in combination: (1) Sheri graduated from nursing school and obtained employment; and (2) Jeff retired.2 By October 2011 Sheri had finished nursing school and obtained employment in Arizona that paid her $3,600 a month. Jeff retired in March 2013, and Sheri was thereafter paid half of his monthly pension benefits, in the sum of $4,340. Sheri also received a lump sum payment of nearly $128,000 from Jeff’s retirement account to be applied in the future to her own retirement. In September 2013 Jeff filed a request to modify spousal support. The form stated that he both wanted to modify support to zero and terminate jurisdiction for further spousal support. Jeff’s income and expense declaration, which was uncontested, showed that between his pension benefits and a worker’s compensation award he had a monthly gross income of $8,710.…