In a recent Rule 23 decision, a panel of the Massachusetts Appeals Court affirmed the lower court’s modification judgment that extended husband’s alimony obligation to his former wife beyond the durational limits set forth in Massachusetts’ Alimony Reform Act (M.G. L....
Probate And Family
Overcoming the Presumption of Parentage
Massachusetts Probate and Family Courts are statutorily authorized to establish parentage pursuant to complaints filed under M.G.L. c. 209C, § 5 (“209C”). Under 209C (specifically 209C, § 6(a)(1)), there exists a statutory presumption whereby the spouse of an...
Appeals Court Reverses Conflicting Contempt Finding
In a recent decision [Hoort v. Hoort, Mass. App. Ct., No. 12-P-1853, slip op (May 28, 2014)], the Massachusetts Appeals Court reversed a Probate and Family Court Judge's finding of civil contempt against a husband, when the husband was not found in contempt for the...
MUTC Allows Co-Trustees to Act by Majority Decision
Many individuals serve as a co-trustee of a trust, such as a family trust holding real estate or a trust of a parent or close friend after their death. Individuals who serve as a co-trustee or, more importantly, are contemplating serving as a co-trustee or successor...
Proposed Parenting Coordinator Bill Seeks To Codify an Increasingly Common Practice
Although a "final judgment of divorce" terminates a legal marriage between spouses, all too often, the parties will remain embroiled in litigation for years to come, particularly with respect to issues surrounding the care and custody of their minor children. Even the...
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