Giorlando v. Giorlando

The extent to which the terms of a Marital Settlement Agreement (“MSA”) apply in a subsequent modification proceeding is challenged in this appeal. The former husband argues that the agreed upon imputed income of the former wife in the MSA should be considered in subsequent modification proceedings, and that the trial court abused its discretion in failing to do so. We agree and reverse.

The Final Judgment of Dissolution of Marriage incorporated the MSA, which based the alimony and child support upon an agreed amount of $40,000 per year in imputed income to the former wife. Six years later,…