Fazio v. Fazio (Lawyers Weekly No. 11-016-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-106 Appeals Court JOHANNE FAZIO vs. KEITH FAZIO. No. 16-P-106. Plymouth. November 7, 2016. – February 24, 2017. Present: Cypher, Massing, & Sacks, JJ. Federal Servicemembers Civil Relief Act. Practice, Civil, Stay of proceedings. Parent and Child, Child support. Divorce and Separation, Child support, Division of property. Complaint for divorce filed in the Plymouth Division of the Probate and Family Court Department on November 17, 2006. The case was heard by Catherine P. Sabaitis, J. David P. Sorrenti for the husband. Leonard F. Zandrow, Jr., for the wife. MASSING, J. In this appeal from an amended judgment of divorce nisi, Keith Fazio (husband), a major in the Army National Guard who repeatedly saw active duty over the course of the divorce proceedings, contends that the Probate and Family Court judge violated the Federal Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501 et seq. (2006) (SCRA),[1] by issuing certain temporary orders in his absence. He also claims that the judge abused her discretion by disproportionately allocating marital assets to Johanne Fazio (wife). Although we conclude that the husband’s request for a stay did not satisfy the SCRA requirements, the temporary orders nonetheless failed to comply with the applicable provisions of the Massachusetts child support guidelines (guidelines), and we remand the case for further proceedings regarding the subject matter of these orders. We discern no abuse of discretion in the allocation of the marital estate. Background. The husband and the wife married in 1992, had three daughters together, and permanently separated in late 2006, when this divorce action was filed. The husband was a commissioned officer of the Army National Guard, eventually rising to the rank of major. He was deployed to active duty six times between 2003 and 2012. Recognizing that the husband’s military service was “selfless and honorable,” the judge found that his frequent long-term deployments were “a major factor in the deterioration of the family and the marriage.” The wife was the primary caretaker of the children, who all lived with her since the separation. She also was their sole caregiver when the husband was on active duty status. Although both parties contributed to the purchase and the maintenance of the marital home, the wife assumed financial responsibility for the home after the separation. The judge found […]