Calabria v. Calabria (Lawyers Weekly No. 11-087-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 16-P-1397 Appeals Court SAKTI CALABRIA vs. PETER J. CALABRIA, JR. No. 16-P-1397. Bristol. May 31, 2017. – July 13, 2017. Present: Green, Wolohojian, & Ditkoff, JJ. Divorce and Separation, Child support, Modification of judgment. Parent and Child, Child support. Complaint for divorce filed in the Bristol Division of the Probate and Family Court Department on March 13, 2009. A complaint for modification, filed on July 16, 2014, was heard by Anthony R. Nesi, J. Charles M. Landry for the father. GREEN, J. The defendant father appeals from those portions of a judgment of the Probate and Family Court that increased his child support payments retroactive to the date his income increased, which was before the plaintiff mother filed her complaint for modification.[1] We conclude that, in the circumstances of this case, in which the parties expressly provided for retroactive adjustment of child support in their separation agreement, and where the adjustment fosters the best interest of the couple’s minor child and does not derogate from the purposes of G. L. c. 119A, § 13, such a retroactive award was within the judge’s equitable authority. We accordingly affirm the judgment. Background. In the separation agreement between the parties, dated April 28, 2010, and merged as to alimony and child support into the judgment of divorce nisi entered the same day, the parties included the following provision regarding child support: “The parties agree that upon any change in his or her employment or income he or she shall immediately notify mother/father of the change, the child support will be reviewed. “The Wife is currently unemployed. The Husband’s income has been cut in half. Both parties are obligated to notify the other upon any change of employment or salary status. Parties agree to immediately seek to modify the child support obligation and said modification to be retroactive to the change of employment or salary date. Parties shall also exchange by March 15th of each year, any and all W-2’s; 1099’s or other documents evidencing income earned or received.” (Emphasis supplied.) At the time of the divorce, and pursuant to the separation agreement, the father was obliged to pay child support in the amount of $ 416 per semimonthly pay period. On February 28, 2013, the mother filed […]