McKean v. McKean
A court can award a homemaker a safe harbor, so that the homemaker can earn up to a certain amount, without the homemaker's earnings constituting a basis to modify support. The parties married in 1999 and have 8-year-old twins. The defendant husband, 45, produces films and earned $149,540 in 2011. In March 2011, the husband allegedly had an extramarital affair when he traveled to Russia. The plaintiff homemaker, 52, filed to dissolve the parties' marriage, after she discovered information about the extramarital affair on social media. The husband allegedly continued the affair, and he and the Russian woman had a child. The court dissolved the parties' marriage. The parties sent affectionate e-mail correspondence at a time when the husband now claims that the marital relationship had broken. The court found the husband at greater fault for the breakdown of the marital relationship. The wife, who has a master's degree, requested sole custody of the children and alimony of $1,000 per week, plus child support. The husband objected that he wanted to participate in parental decision making. The court awarded joint custody. The court ordered the husband to pay child support of $418 per week and 79 percent of the children's unreimbursed medical expenses. The court ordered the husband to pay alimony of $750 per week, plus a percentage of gross receipts from one of his movies, Colossus, until the wife's death, marriage or May 8, 2023, whichever takes place first. The wife may earn up to $45,000 gross per year, as a safe harbor, before the wife's earnings will constitute a substantial change in circumstances, for purposes of a motion to modify. The court awarded the wife the marital residence. The court awarded the husband his business interests. The court awarded each party accounts and investments. The court ordered the parties to hold each other harmless from debt. The court awarded the wife the Ford and the husband the Nissan.