Divorce Massachusetts Duke Lawyer Alimony Payments Child SupportUpdated on: 7:55 pm
Divorce Massachusetts Duke Lawyer Alimony Payments Child Support
Whites v Whites
Plaintiff former husband moved to modify the divorce judgment to eliminate his alimony obligation to defendant former wife. The wife filed a complaint for contempt based on the husband’s alleged failure to make alimony payments. The Duke Division of the Probate and Family Court (Massachusetts) reduced but did not eliminate the husband’s alimony obligation and ordered him to pay back alimony to the wife; he appealed.
If you are facing a divorce case in Duke, Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
The Massachusetts Court made the following holding:
- To be successful in an action to modify a judgment for alimony or child support, the petitioner must demonstrate a material change of circumstances since the entry of the earlier judgment.
- There is no common-law authority in Massachusetts for a court to grant a divorce or award alimony. The court’s power to award alimony and make an equitable division of property is wholly statutory. In matters of divorce and alimony, the role of the judiciary is to interpret the governing statutes, not to fashion its own solutions under the common law.
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These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.