Roundtable Discussion of the below 13 recent family law case decisions presented by Bob Jutras:






Kelly Andrea vs. Ralph Andrea, Appeals Court, Docket No. 19-P1526 (December 3, 2020)


CommentHealth Insurance.  Always address “Discontinuance of health insurance upon remarriage and payment of additional cost!  Trap for the Unweary






D.B. vs. J.B., Appeals Court, Docket No. 18-P-600 (April 2, 2019 – March 17, 2020)


Comment:  All temporary MA Stipulations for Alimony MUST INCLUDE temporary alimony shall be credited against durational limits!  Trap for the Unweary.







Kathy Stacy vs. Barry Stacy, Appeals Court, Docket No. 19-P-109 (November 4, 2019 – March 13, 2020)


Comment:  Veteran’s Disability Benefits are NOT subject to property division!







Jacqueline Rae Callahan vs. Jonathan Alden Bedard, Appeals Court, Docket No. 19-P-1826 (December 3, 2020)


Comment:  C.S. Modification Standards:  1)  Material change in circumstances OR 2) Inconsistency Standard.






R.N. vs. S.P., Appeals Court, Docket No. 19-P-939 (November 2, 2020)


Comment:  Alimony:  Basis for Deviation in presumptive durational limits.






Marjorie Eiref vs. Daniel Eiref, Appeals Court, Docket No. 18-P-797 (January 9, 2020)


Comment:  Note:  We should consider a provision which is an enforceable ceiling for alimony in a given year.  This provision could survive.







Alison J. Voorhis vs. Paul B. Relle, Appeals Court, Docket No. 19-P-139 (November 1, 2019 – February 10, 2020)


Comment:  Standard to Modify Presumptive Alimony Durational Limits:  In the Interest of Justice and Retroactive Modification.  (Very sad case)







Richard E. Savoy vs. Geraldine S. Savoy, Appeals Court, Docket No. 19-P-1076 (July 8, 2020)


Comment:   The question of if a trust is a marital asset is a question of law.  Is the interest in the trust a fixed and enforceable property right?







Jozef Warnajtys vs. Janet E. Warnajtys, Appeals Court, Docket No. 18-P-1566 (September 13, 2019 – June 16, 2020)


Comment:  Note:  Worker’s Compensation settlement for injuries during the marriage and settled before divorce are marital property.






E.K. vs. S.C., Appeals Court, Docket No. 18-P-1650 (January 3, 2020 – May 12, 2020)


Comment:  Relocation Standard.








Sherry M. Parente, f/k/a Sherry M. Phillips vs. Stephen C. Phillips, Personal Representative of the Estate of Mark J. Phillips, Middlesex Superior Court, Docket No. 1981-CV-00502-B (July 17, 2020)


Comment:  The estate is responsible for the decedent’s failure to name his ex-spouse as beneficiary of his IRA and the ex-spouse is entitled to legal fees under divorce agreement.








Barbara J. Krock vs. Richard H. Krock, Appeals Court, Docket No. 97-P-1262 (November 16, 1998 – March 25, 1999)


Comment:  Probate and Family Court’s authority to award legal fees.  Older decision to be shepardized forward. 







Masha M. Shak vs. Ronnie Shak, Supreme Judicial Court, Docket No. SJC-12748 (November 4, 2019 – May 7, 2020).


Comment:  Note:  Nondisparagement orders operate as an impermissible prior restraint on speech, absent exceptional circumstances.



May 5, 2021 3:00 PM through  4:30 PM



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