Vaida v. Vaida (Lawyers Weekly No. 11-143-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 13-P-1827 Appeals Court NANCY C. VAIDA vs. GEORGE A. VAIDA. No. 13-P-1827. Norfolk. May 7, 2014. – November 6, 2014. Present: Cypher, Kafker, & Hanlon, JJ. Divorce and Separation, Child support, Attorney’s fees. Parent and Child, Child support. Jurisdiction, Equitable. Probate Court, General equity power. Complaint in equity filed in the Norfolk Division of the Probate and Family Court Department on February 16, 2011. The case was heard by Jennifer M.R. Ulwick, J., on a motion for summary judgment. David E. Cherny (Laura E. Ruzzo with him) for the plaintiff. Steven J. Ryan for the defendant. CYPHER, J. The plaintiff, Nancy C. Vaida (mother), appeals from an order for summary judgment on her complaint seeking that the defendant, George A. Vaida (father), pay postminority support for his physically disabled son. We affirm. 1. Factual and procedural background. The parties were married in 1977, filed for divorce in 1993, and were divorced by a judgment of divorce nisi dated August 22, 1996, as amended September 24, 1996, and further amended December 2, 1996 (judgment of divorce). There are three children born of the marriage: Allison, Justin, and Evan. At the time of the divorce, the children were sixteen, fourteen, and eight years old, respectively. On April 22, 1995, while the parties were separated and divorce proceedings were pending, the father took Evan and Justin on vacation in Truro. While they were on vacation, the father took Evan and Justin for a ride on the front bumper of his vehicle. Evan and Justin fell off the bumper and were accidentally run over by the vehicle driven by the father. As a result of the accident, Evan became a partial quadriplegic. He is confined to a wheelchair and paralyzed from the chest down. Justin was also injured in the accident, but not as severely as Evan. The father was wholly responsible for the injuries Evan and Justin sustained. On November 7, 1995, the mother, individually and as a parent and next friend of Evan and Justin, filed a civil lawsuit (civil suit) against the father seeking monetary damages from him for herself, Justin, and Evan. While the civil suit was pending, the divorce trial took place, and on August 22, 1998, the court entered a judgment of divorce. Pursuant to that judgment, […]