In re the Marriage of Weber

Wife stipulated to husband’s earning capacity, and that stipulation was the basis for the spousal support provisions of the dissolution judgment. It turns out that her stipulation underestimated husband’s potential earnings. Now, six years later, she asks the courts to remedy that and to refashion the spousal support award to reflect husband’s higher level of earnings. It bears emphasis that the sole basis for wife’s motion to modify is the fact that husband’s actual income turned out to be more than she thought it would be.

That said, this should have been an easy case. There is a…