Posts tagged "1116616"

Rosen v. Rosen (Lawyers Weekly No. 11-166-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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   15-P-848                                        Appeals Court   REGINA ROSEN  vs.  SCOTT ROSEN.     No. 15-P-848.   Essex.     April 8, 2016. – November 22, 2016.   Present:  Kafker, C.J., Wolohojian, & Maldonado, JJ.     Divorce and Separation, Child support, Modification of judgment, Child custody.  Parent and Child, Child support, Custody.  Contempt.       Complaint for divorce filed in the Essex Division of the Probate and Family Court Department on January 17, 2001.   Complaints for modification and contempt, filed on August 2, 2011, and October 12, 2012, respectively, were heard by Susan D. Ricci, J.; a motion for reconsideration, filed on July 7, 2014 was heard by her, and judgment was entered by her.     Mary-Ellen Manning for the mother. Mark A. Perkins for the father.     WOLOHOJIAN, J.  Today we reach the question left open in T.M. v. L.H., 50 Mass. App. Ct. 856, 861 (2001), namely, whether “a judge, in compelling circumstances of an equitable nature, and without contravening G. L. c. 119A, § 13(a), may apply a credit in calculating child support arrearages to reflect payments made in a manner other than as directed by the original [child support] order.”[1]  We conclude that, despite the statutory prohibition against retroactive modification of child support judgments “except with respect to any period during which there is pending a complaint for modification,” G. L. c. 119A, § 13(a), inserted by St. 1987, c. 714, § 1, a judge may — in certain very limited circumstances — grant and apply such an equitable credit to offset a child support arrearage accrued during a period when there was no pending complaint for modification. Background.  After fourteen years of marriage, the parties divorced on July 14, 2003, pursuant to a judgment of divorce which incorporated the parties’ separation agreement.  The separation agreement provided, in pertinent part, that the mother would have primary physical custody of the parties’ three children, Elliot, Ari, and Hannah, and that the father would pay monthly child support in the amount of $ 4,500.  The separation agreement also contained several provisions relating to the children’s college education.  In one of those provisions, the parties “agree[d] that the choice of college or other institutions shall be made jointly, with due regard to the children’s wishes, welfare, needs and aptitudes, and the parties’ respective financial circumstances.  Neither party shall make commitments to a . . . college . . . without first notifying […]

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Posted by Massachusetts Legal Resources - November 22, 2016 at 6:11 pm

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