Marriage of Franke CA2/5
Appellant Bonnie Jane Franke appeals from a postjudgment order denying a request to modify spousal support. Bonnie contends the family law court erred by finding it did not have jurisdiction to modify spousal support, and the error was prejudicial because she demonstrated a material change in circumstances. We conclude that the family law court had jurisdiction to modify the support order, and the error was not harmless. The evidence showed that the parties stipulated to a modification of spousal support when Bonnie was suffering from a temporary disability, with the expectation that she would return to work and become self-supporting. Bonnie has now alleged that she became permanently disabled, and the parties’ failed expectations constitute a change of circumstances. Therefore, we reverse and remand to allow the family law court to exercise its discretion.
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