Contempt for Anticipatory Breach
Timing is everything. Mother could not be held in contempt for threatening not to allow the children to visit father for Christmas, according to the Appeals Court. Rejecting the father’s claim of “anticipatory breach,” the Appeals Court made clear that a contempt judgment cannot enter until “after the time for the mother’s performance had come ...
Continue ReadingChild Who Becomes Parent Not Emancipated
An unmarried child does not become emancipated as a matter of law by giving birth, the Appeals Court held in a case of first impression. The trial court had granted summary judgment for the father, holding that the child was emancipated because “she has a child, receives child support [for him], and has a family ...
Continue ReadingWellesley, MA Family Law Lawyer & Mediator
Wellesley, MA family law lawyer and mediator, Attorney Hugh Ferguson brings a wealth of human services experience to the firm. Along with his law credentials, Mr. Ferguson is also a Licensed Mental Health Counselor, and has been involved in hundreds of multi-faceted family dispute situations over the years. With law offices in Wellesley, MA, the ...
Continue ReadingSelf-Employment Income for Child Support Purposes
A self-employed father brought a modification action seeking a reduction in child support. In calculating support, the Probate Court deducted from his gross income amounts for pension, profit sharing, and taxes. The Appeals Court vacated the support award. Gross income for child-support purposes, the Court noted, is not necessarily equivalent to a parent’s taxable income. ...
Continue ReadingCollege 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 ...
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