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Appeals Court upholds division of husband’s closely held securities
The Appeals Court ruled a wife was entitled to half of her husband’s Fidelity equity compensation, rejecting a time-rule formula for dividing complex compensation assets.
Domestic relations – Closely held securities – Modified time rule formula
Where a judgment of divorce nisi has been challenged on appeal, the judgment should be upheld despite the husband’s argument that the Probate & Family Court judge erred by failing to apply the modified time rule formula set forth in Baccanti v. Morton, 434 Mass. 787, 801 (2001), to closely held securities obtained in connection with his employment.
Domestic relations – Contempt
Where a divorced defendant was held in contempt, the judgment must be reversed in part, as the defendant could not properly be held in contempt in the instances in which he was in full compliance by the time of trial.
Domestic relations – Divorce – Property division
Where a judgment of divorce nisi has been challenged on appeal, a remand is necessary because of the judge’s failure to issue factual findings on the division of property.
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 – Jurisdiction – G.L.c. 209D, §2-204
Where a divorce judgment required the husband to make additional payments to the wife based on a percentage of future income from the husband's business ventures, that provision must be vacated because additional findings are required.
Domestic relations – Child support – Income
Where a Probate & Family Court judge modified a divorce judgment to alter the amount of child support, a remand is necessary for the judge to recalculate the father’s 2022 and 2023 income consistent with Cavanagh v. Cavanagh, 490 Mass. 398 (2022).
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 – Limitations – Prenuptial agreement
Where a plaintiff filed a complaint alleging that the defendant, his father-in-law, improperly advised him not to obtain a prenuptial agreement before marrying the defendant's daughter, a judgment dismissing the complaint on statute of limitations grounds must be vacated because the plaintiff’s claims did not accrue at the time of his marriage in 2006.
Parent and child – Support – Reimbursement
Where a judge ordered a mother to reimburse a father for overpayment of child support, the judge erred in ordering the Department of Revenue to enforce the mother's reimbursement obligation through wage assignment.
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
