In re Marriage of Yabush

Parties' marital settlement agreement (MSA) contemplated only that husband's income would fluctuate due to his work as a salesman (with income of $138,000 at time of dissolution) and did not contemplate that he would form his own company, resulting in substantially increased income of $2.2 million 7 years after dissolution. Court erred in finding that present increase in husband's income does not constitute a substantial change in circumstances and erred in denying wife's petition to modify his child support obligation. (McBRIDE and ELLIS, concurring.)