Free Newsletter
Domestic relations – Alimony
Where an appellant’s complaint for modification seeking alimony from her former husband was denied, the judge erred in finding no material change of circumstances, so remand must be ordered.
Domestic relations – Alimony – Retirement
Where (1) a Probate & Family Court judge found a divorced defendant not guilty of contempt and (2) the plaintiff has filed an appeal contending that the judge abused her discretion in finding that the defendant did not violate the terms of the parties' merged separation agreement by reducing, and eventually ceasing, “regular” alimony payments upon his retirement, the judge’s decision must be[...]
Appeals Court strikes down support order in alimony dispute
Appeals Court says judge wrongly denied alimony by misapplying the Cavanagh framework and considering child support when assessing spousal need.
Domestic relations – Alimony – Child support
Where a judge declined to award alimony to a divorced mother and ordered the father to pay weekly child support of $650, the judge erred in considering the availability of child support for purposes of determining the mother's need for alimony.
Domestic relations – Alimony
Where a divorce judgment has been challenged on appeal, the case must be remanded because the judge's reasons for the amount and structure of the alimony award are not consistent with her findings.
Domestic relations – Divorce – Alimony
Where a judge issued an amended divorce judgment, the judge did not provide a rationale for why she amended the alimony award, so a remand is necessary.
Domestic relations – Alimony – Child support
Where a divorce modification judgment substantially increased the husband’s alimony and child support obligations, that judgment should be affirmed.
Jurisdiction – Alimony modification – Chapter 209D
Where a complaint for modification of alimony was dismissed for lack of personal jurisdiction, the dismissal order must be reversed because personal jurisdiction is authorized by G.L.c. 209D and is consistent with due process.
Domestic relations – Alimony
Where a judgment of divorce nisi did not provide for alimony, a remand is necessary because the judge's determination that the husband could not afford alimony payments was erroneous.
Potential lifetime alimony award reversed
The Appeals Court has found that a Probate & Family Court judge erred in issuing a divorce judgment that deviated from the presumptive alimony durational limit by ordering the husband to make potentially lifetime payments to his ex-wife.
Domestic relations – Property division – Alimony
Where a divorce judgment has been challenged on appeal, the portions of the divorce judgment relating to property division and alimony must be vacated because the judge erred by failing to consider the husband's noneconomic contribution as the child's primary caretaker.
Domestic relations – Alimony – Capital gain
Where a judge found a divorced defendant’s alimony arrearage to be $102,416.19, it was error to exclude the marital home capital gain from the husband's gross income for purposes of alimony.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
