Marriage of Pearson

In August 2009, Tonya and Donald Pearson dissolved their marriage and entered into a Marital Settlement Agreement (MSA) in which they agreed to the division of their marital assets and that Donald would provide ongoing spousal support to Tonya. Despite this agreement, the parties engaged in extensive litigation, primarily initiated by Tonya, over the course of the next six years. Tonya appealed a postjudgment superior court order deciding various requests for orders to modify spousal support, adjudicate omitted assets, and award sanctions or attorney's fees. With respect to the orders modifying spousal support, the Court of Appeal concluded the court correctly determined that Donald's increase in bonus pay constituted a change of circumstances sufficient to warrant a modification of spousal support, but that substantial evidence does not support certain of the court's findings regarding Tonya's ability to work. The Court therefore affirmed in part, reversed in part, and remanded the matter for limited further proceedings. View "Marriage of Pearson" on Justia Law