Gravlin v. Gravlin (Lawyers Weekly No. 11-048-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-448 Appeals Court LORA ANN GRAVLIN vs. DAVID E. GRAVLIN, JR. No. 15-P-448. Middlesex. March 1, 2016. – May 5, 2016. Present: Trainor, Meade, & Blake, JJ. Divorce and Separation, Child support, Modification of judgment. Arbitration, Divorce and separation, Confirmation of award. Parent and Child, Child support. Complaint for divorce filed in the Middlesex Division of the Probate and Family Court Department on May 16, 2011. A motion to confirm an arbitration award on complaints for modification and contempt was heard by Patricia A. Gorman, J. Floyd H. Anderson for the husband. Lora Ann Fickett, pro se. BLAKE, J. The husband, David E. Gravlin, Jr., appeals from four Probate and Family Court judgments dated April 16, 2014, that issued following the confirmation of an original and an amended arbitration award in favor of the wife, Lora Ann Gravlin.[1] He argues that the judge improperly delegated her authority by allowing the parties’ joint motion to submit their pending complaints to binding arbitration, and abused her discretion in entering judgments based on the arbitrator’s award. We affirm. Background. The parties executed a separation agreement (agreement) on October 17, 2011, which was incorporated and merged in a judgment of divorce nisi on November 17, 2011. The agreement provides, in pertinent part, that David is to pay Lora Ann $ 750 per week as child support for the support of their three minor children. The agreement explains that “[t]his amount exceeds the amount of support required pursuant to the child support guidelines currently in effect, and is reflective of the parties’ shared desire to maintain the marital home for the benefit of the children.” On October 9, 2012, David filed a complaint for modification seeking to reduce his child support obligation. In support of his complaint, David alleged the following change of circumstances: “1. [David] has experienced a major loss of income and the said child support order is therefore now inconsistent with the child support guidelines even if [Lora Ann] is considered to be the primary custodial parent. 2. The co-parenting schedule actually being carried out by the parties since said divorce judgment is consistent with equally shared physical custody and therefore [David] asserts that child support should be modified based on that schedule as well.” Lora Ann filed both an answer denying the […]