Kelly Colvard Parsons v. Richard Jearl Parsons

Wife/Appellant appeals the trial court’s denial of relief on her post-divorce petition for contempt and breach of contract. The parties’ MDA awarded Wife 50% of Husband/Appellee’s FERS Supplement, which was subsequently terminated due to Husband’s yearly earned income being in excess of the FERS cap of $15,120.00. Because the parties’ MDA did not preclude Husband from earning income in excess of the cap, and did not include a provision for such occurrence, the trial court properly denied Wife’s petition. Although the trial court sua sponte modified child support to award an additional amount equal to the lost FERS Supplement, it did so in error. Accordingly, we affirm the trial court’s grant of Husband’s motion to alter or amend the award of additional child support. Because the MDA allows the prevailing party to recover attorney’s fees and expenses, we reverse the trial court’s denial of Husband’s reasonable fees and expenses, and remand for determination of same, and for entry of judgment thereon. Reversed in part, affirmed in part, and remanded.