Roundtable Discussion of the below 13 recent family law case decisions presented by Bob Jutras:
1 |
Kelly Andrea vs. Ralph Andrea, Appeals Court, Docket No. 19-P1526 (December 3, 2020)
Comment: Health Insurance. Always address “Discontinuance of health insurance upon remarriage and payment of additional cost! Trap for the Unweary.
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2 |
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.
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3 |
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!
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4 |
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.
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5 |
R.N. vs. S.P., Appeals Court, Docket No. 19-P-939 (November 2, 2020)
Comment: Alimony: Basis for Deviation in presumptive durational limits.
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6 |
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.
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7 |
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)
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8 |
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?
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9 |
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.
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10 |
E.K. vs. S.C., Appeals Court, Docket No. 18-P-1650 (January 3, 2020 – May 12, 2020)
Comment: Relocation Standard.
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11 |
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.
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12 |
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.
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13 |
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.
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