Archive for June, 2008
Attribution of Income
The Appeals Court affirmed a Probate Court judgment attributing income to the husband in a divorce case. The case reminds practitioners that courts may consider the earning capacity of a party in appropriate circumstances. Where a party is voluntarily earning beneath his/her capacity, such attribution is “particularly appropriate,” according to the Appeals Court. Similarly, such ...
Continue ReadingChild Support Following Death of Father
Where paternity is not disputed, a Probate Court judge has the authority to enter an initial award of child support for a non-marital child after the death of the obligor-parent, the Supreme Judicial Court decided. The Probate judge, however, must consider, by means of a credit to the obligor-parent’s estate, Social Security survivor benefits, life ...
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