Snow v. Snow (Lawyers Weekly No. 10-025-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 SJC-12102 JACQUELYN D. SNOW vs. WINTHROP E. SNOW. Berkshire. October 6, 2016. – February 9, 2017. Present: Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ. Divorce and Separation, Alimony, Foreign divorce. Complaint filed in the Berkshire Division of the Probate and Family Court Department on August 25, 2014. The case was heard by David J. Dacyczyn, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Brigid M. Hennessey (Buffy D. Lord also present) for the husband. Lindsay D. DiSantis (David R. Cianflone also present) for the wife. GANTS, C.J. The wife in this case did not pursue her claim for alimony during the divorce proceeding, but sought and obtained an alimony award more than four years after the divorce judgment. We conclude that, in such circumstances, the durational limit of general term alimony under G. L. c. 208, § 49 (b), starts to run on the date that the alimony was awarded, not on the date of the divorce judgment or on the date temporary alimony was awarded. We also conclude that the income earned from overtime pay must be considered in making an initial alimony award determination under G. L. c. 208, § 34, regardless of whether that determination is made before or after the divorce judgment. Finally, we conclude that, where a judge awards alimony under § 34, the judge must specifically address the issue of health insurance coverage for the recipient spouse as required by § 34. Background. Jacquelyn D. Snow (wife) and Winthrop E. Snow (husband) were married in New York in 1991, and separated in January, 2008. They have no children. The husband commenced the divorce action in the New York Supreme Court in May, 2008, claiming “constructive abandonment” by the wife.[1] The wife was initially represented by counsel, but her attorney’s motion to withdraw was allowed by the judge in September, 2009. After the wife failed to answer the husband’s verified complaint, comply with discovery obligations, and appear for her deposition, the judge found her in default and entered a judgment for divorce on July 21, 2010, in accordance with N.Y. Dom. Rel. Law § 211 (McKinney 2016) (“A final judgment shall be entered by default for want of appearance or pleading, . . . only upon competent […]
City Taps Out $17.8 Million Budget for Snow Removal
Before this most recent storm had even started, the city had overspent its $ 17.8 million snow removal budget, with costs so far coming in at $ 18.1 million. However, that’s not to say the city can’t continue to clean up after snowstorms, according to the city’s chief financial officer, Meredith Weenick. Weenick said that the city’s $ 2.5 billion budget should be able to take on the extra costs of this year’s snow removal through surpluses in other areas. “It all falls to the bottom line,” Weenick said. “Over the course of the year, we watch the budget, and based on my projections, I feel confident that the known surpluses will cover the projected deficits, and even the potential for the next storm,” she said. The $ 18.1 million overall winter of 2013 total roughly breaks down into: $ 2.7 million spent before the Blizzard of 2013 $ 13 million spent on the blizzard itself, with $ 7 million on plowing and $ 5 million on snow removal $ 2.6 million on March 8th storm Weenick said that in terms of city spending on snow removal, the city views snow plowing a public safety issue. “We’re going to do our job on every storm, the ones that have passed and the ones that will come, because that’s an important service to the people of Boston,” she said. “We will accommodate whatever that requires within the means of our budget.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Share: Your Dog Loving the Snow
At least one member of your family was psyched to see all the snow this morning. Your pet is “wild” again, at one with nature, surviving the pile-up by leaping joyfully through it all. Hopefully, you snapped a quick cell phone video of it. Don’t let the video languish – upload it here to share with your other dog-loving South End neighbors. Chances are, we won’t find many felines who are enjoying the storm, but if so, we welcome those, too. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Share Your Snow Photos from Thursday Night’s Storm
Surprise! You went to bed Thursday night with a light dusting, and when you woke up, there’s several inches of snow standing between you and your commute. Show us what it looks like on your street. Please take your camera or cellphone, stick it out a window or doorway and take a photo or a video. Then upload it to this article. You can sign in with your Patch or your Facebook account. It’s easy, just click the “upload” button above and follow the directions. Be sure to include a caption for your photo that lets others know where the photo was taken. The more specific you are the better, but simply mentioning the street is fine too. Let’s have some fun with this and see what we can create together. Stay warm. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
More than 300 Snow Removal Tickets Issued in South End in February
If your property or business received a ticket for improper snow removal related to the Blizzard of 2013, you’re not alone. More than 300 South End property owners and businesses faced fines and tickets related to snow removal, according to city data. The fines, at anywhere from $ 25 to $ 300 depending on the offense, were issued for violations such as clearing snow from private property back onto city streets, or failing to clear 42″ worth of sidewalk space in front of property. Overall in Boston, 2,413 tickets were issued in the month of February, according to the Boston Globe, which compiled the city’s public records. Below is a list of the number of snow removal tickets and fines issued in February by the city for each South End Ward: Ward 4 – Fenway, South End, Back Bay – 44Ward 8 – South End, Roxbury – 208Ward 9 – South End, Roxbury – 57 SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Will the South End Get Snow From this Storm?
Boston’s in for some wet weather Wednesday through Friday. This is a slow moving storm, which means a the light precipitation you see will eventually add up. For Boston, however, the local weather teams aren’t predicting very much snow. Instead, expect a lot of rain and maybe some heavy slushy snow in spots. While areas inland may get a half a foot of snow, Boston’s bigger concern is the three high tides during this storm. Flooding may become an issue along the immediate coast. Here are the latest forecasts from the local television news weather teams. All totals were updated Wednesday morning. WHDH (7 News): All rain WLVI (NewsCenter 5): 1-2 inches along the coast, six inches or more inland WBZ (CBS Local): 2-4 inches WFXT (MyFox Boston): 1-3 inches NECN: 1-3 inches South End Patch
VIDEO: Go Inside a Boston Snow Plow During a Storm
With another possible storm headed our way this weekend, Boston’s public works employees could have some long hours ahead. Ever wonder what a storm looks like from their point of view? Curl up with a cup of hot chocolate and take a look. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
How Much Snow is the South End Getting This Weekend?
Will the South End see six inches of snow this weekend, or will we see more like three inches with rain mixed in? The National Weather Service has issued a Winter Storm Watch from Saturday afternoon through Sunday afternoon. The NWS said 3 inches of snow or more is possible and warned of heavy wet snow that may fall at 1 to 2 inches per hour. Snow may mix with rain in the South End area. The NWS warned that the heavy wet snow could bring down tree limbs and result in scattered power outages. Here is a look at the snowfall estimates for Boston as of 10 a.m. Friday: Channel 4 (WBZ): 4 to 6 inches south of the Mass Pike, including Boston; 6 to 12 inches north of the Mass Pike Channel 5 (WCBV): 3 to 6 inches south of the Mass Pike, including Boston; 6 to 9 inches north of the Mass Pike Channel 7 (WHDH): 3 to 6 inches closer to Boston; 6 to 10 inches just north and west of Boston NECN: 6 inches Channel 7 meteorologist Pete Bouchard wrote on his weather blog: Storm start-up still looks like Saturday afternoon. We’ll still be able to get around and the amounts will be light through midnight – in fact, we may even mix from Boston to the South Shore. (Cape sees rain.) After midnight, the storm will get a little meatier. Snow intensity will increase into Sunday morning. Heavy snow through Sunday morning. Tapering to flurries by mid afternoon on Sunday There is a lot of water being thrown around in the atmosphere, and with marginally cold temps, this will result in a heavy, wet snow in many spots. Even in Worcester county, it will make for good snowballs and snowpeople. On the South Shore, it will cake to the trees and power lines – so there might be more power outages. South End Patch
How Much Snow Will the South End Get This Weekend?
All the experts agree: It’s going to snow in Boston this weekend. But how much and when the snow will start seems to be up in the air. Depending on whose map you used on Wednesday, Boston was in for either a few inches or a foot of heavy, wet snow. By Thursday morning, however, all of the local news broadcasts started to fall in line on the same theme: The rain will linger along the coast and spare Boston from the heaviest snowfall totals. Here’s a look at the forecasts from the different local news station meteorologists. All these totals were updated Thursday morning: WHDH (7 News): 4-8 inches WLVI (NewsCenter 5): 4-8 inches WBZ (CBS Local): 4-8 inches WFXT (MyFox Boston): 4-8 inches along the immediate coast, but a potential for over a foot in Boston NECN: Plowable snow (Instead of specific inches or feet of snow, NECN’s Matt Noyes prefers to use ranges of probability. So what does “plowable snow” mean? “Essentially, you can consider this a minimum likely snow map, where plowable snow implies at least [2-4 inches],” wrote Noyes on his blog). SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
City to Target Large Snow Piles on Roadways
Two days after the blizzard of 2013, most streets have been cleared and conditions for motorists are improving. But huge snow piles are shrinking travel lanes, clogging intersections and making parking impossible. The City of Boston announced on Monday that it will launch a coordinated “snow strike teams” to remove the massive piles of plowed snow. These teams will include police officers and employees form the city’s transportation, public works, and neighborhood services departments. Officials said the teams will head out on Monday with orange spray paint to demark which snow piles will be removed by larger machinery. The city noted some roads may need to close during the process but it has not announced which roads will be targeted. The snow will be transported to empty lots officials have designated “snow farms.” Work is expected to continue through Monday night into Tuesday. A parking ban still in effect in Boston. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch