Archive for June, 2009
College Expenses Must be “Reasonable”
A merged provision in a separation agreement purportedly required each parent to pay one-half of college education expenses. Under the agreement, mother had physical custody and the parties had shared legal custody of their daughter. Years later, the daughter, without input from the father, enrolled at a private university where the cost of her first ...
Continue ReadingImputing Capital Gains and Broker Fees
Imputing Capital Gains and Broker Fees - A former husband appealed from a divorce judgment relative to a particular property division. Among his claims, he disagreed with the judge’s rejection of his request to have capital gains tax and real estate broker’s fees taken into account in valuing a particular property. The Appeals Court upheld ...
Continue ReadingQDRO Not Required to Disclaim Interest
QDRO Not Required to Disclaim Interest – In the same case as above, the United States Supreme Court also reversed the lower court holding that a QDRO was required even in the event that the non-participant spouse disclaimed interest in a retirement plan; this, of course, affirms the Massachusetts practice in which QDRO’s are utilized ...
Continue ReadingSupreme Court Upholds “Plan Document” Rule
Supreme Court Upholds “Plan Document” Rule – Resolving a split between the federal circuit courts, the United States Supreme Court upheld the so-called “plan document” rule in finding that plan administrators must pay benefits under an ERISA plan according to the beneficiary designation on file with them. In this case, the ex-spouse had purportedly waived ...
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