Law Offices of Miriam G. Altman, PC

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Lexington, MA 02420

News

The Law offices of Miriam G. Altman, P.C. regularly reviews developments in Massachusetts family / divorce law. Below are summaries of noteworthy recently reported cases as well as recent developments in family law and/or topical articles about the Law Offices of Miriam G. Altman, P.C. and domestic relations / divorce law.

Kelcourse v. Kelcourse, 87 Mass.App.Ct. 33, 23 N.E. 3d 124 (2015)

In Kelcourse, the Massachusetts Appeals Court upheld the trial court’s finding that the parties’ antenuptial agreement was unconscionable. The parties married on July 6, 1991. At the time of the marriage, the husband, who was in his forties, owned and operated a marina. The wife, in her mid-twenties, was pregnant with the parties’ second child … Continue reading Kelcourse v. Kelcourse, 87 Mass.App.Ct. 33, 23 N.E. 3d 124 (2015)



Lalchandani v. Roddy, 86 Mass. App. Ct. 819, 22 N.E. 3d 166 (2015)

In Lalchandani v. Roddy, the Massachusetts Appeals Court held that a husband was not entitled to modification of his alimony obligation even though he had reached retirement age, where his alimony obligation stemmed from a separation agreement which did not merge into the divorce judgment and survived as an independent contract. The parties divorced in … Continue reading Lalchandani v. Roddy, 86 Mass. App. Ct. 819, 22 N.E. 3d 166 (2015)



Chin v. Merriot, 470 Mass. 527, 23 N.E. 3d 929 (2015)

In Chin v. Merriot, the Supreme Judicial Court of Massachusetts held that retirement and cohabitation provisions of the Alimony Reform Act of 2011 only apply prospectively. Specifically, the Court held that: “alimony judgments entered prior to the alimony reform act may be modified only under the existing material change in circumstances standard, with the single … Continue reading Chin v. Merriot, 470 Mass. 527, 23 N.E. 3d 929 (2015)



Pisano v. Pisano, 87 Mass.App.Ct. 403, 31 N.E. 3d 1132 (2015)

In Pisano v. Pisano, the Massachusetts Appeals Court upheld the validity of a prenuptial agreement and a trial court’s determination that a husband was not entitled to alimony even though the premarital agreement did not contain a waiver of alimony per se. The Court vacated the portion of the judgment that ordered the husband to … Continue reading Pisano v. Pisano, 87 Mass.App.Ct. 403, 31 N.E. 3d 1132 (2015)



Ventrice v. Ventrice, 87 Mass.App.Ct. 190, 26 N.E. 3d 1128 (2015)

In Ventrice v. Ventrice, the Massachusetts Appeals Court held that a probate court’s judgment which required the parties to attend and pay for mediation prior to filing a court action violated the parties’ right of free access to courts under Article 11 of the Declaration of Rights of the Massachusetts Constitution (Declaration of Rights). During … Continue reading Ventrice v. Ventrice, 87 Mass.App.Ct. 190, 26 N.E. 3d 1128 (2015)



Schmidt v. McCulloch-Schmidt, 86 Mass.App.Ct. 902, 11 N.E. 3d 1099 (2014)

In Schmidt v. McCulloch-Schmidt, the Massachusetts Appeals Court held that the plaintiff/father was not entitled to a dollar-for-dollar reduction in child support for dependency benefits that the mother received as part of her Social Security Disability (SSDI) benefits. The Appeals Court, however, affirmed that said benefits should be included as part of the mother’s gross … Continue reading Schmidt v. McCulloch-Schmidt, 86 Mass.App.Ct. 902, 11 N.E. 3d 1099 (2014)



Kleya v. Kleya, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-152, June 24, 2014

In Kleyna v. Kleya, the Massachusetts Appeals Court vacated a judgment of divorce nisi which divided the parties’ income generating property but failed to consider alimony as well as college education expenses for the parties’ child. The Court remanded the matter so that the wife could present a complaint for alimony. The parties married in … Continue reading Kleya v. Kleya, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-152, June 24, 2014



McSween v. Iannibelli, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-1253, July 8, 2014

In McSween v. Iannibelli, the Massachusetts Appeals Court vacated and remanded a modification judgment regarding the cost of private secondary education. The Plaintiff/father and mother were married in 1993 and divorced in 2001. They had one daughter from the marriage. The judgment of divorce required the father to pay $210 a week in child support. A … Continue reading McSween v. Iannibelli, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-1253, July 8, 2014



Vedensky v. Vedensky, 86 Mass.App.Ct. 768, 22 N.E.3d 951 (2014)

In Vedensky v. Vedensky, the Massachusetts Appeals Court concluded that it was error for the trial court to consider income from the wife’s second job which commenced after entry of the initial order in considering alimony. The parties were divorced pursuant to a separation agreement in which both parties waived past and present alimony but … Continue reading Vedensky v. Vedensky, 86 Mass.App.Ct. 768, 22 N.E.3d 951 (2014)



Nystrom v. Nystrom, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-54, May 22, 2014

In Nystrom v. Nystrom, the Massachusetts Appeals Court vacated a rehabilitative alimony order and remanded the case for additional findings regarding the wife’s earning capacity and for an appropriate alimony award based on those updated findings. The Court also vacated a portion of the judgment which required the wife to reimburse the husband for health … Continue reading Nystrom v. Nystrom, Appeals Court of Massachusetts, Unpublished Disposition No. 13-P-54, May 22, 2014



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