Modification

Modification – Forum Non Conveniens.  In a case involving custody, visitation and support for a child living in Canada, the Appeals Court found no abuse of discretion in the Probate and Family Court’s decision to decline jurisdiction (in favor of having the case adjudicated in Canada) on the basis of forum non conveniens.  S.W. v. D.P., 68 Mass.App.Ct. 901 (Jan. 23, 2007), rev. denied 449 Mass. 1103 (May 2, 2007) 
 
Alimony – Modification Upon Retirement.  The Appeals Court reversed a Probate and Family Court order reducing the alimony obligation of a divorced man who had retired a few months short of his 65th birthday.  According to the Appeals Court, where the ex-husband had “the ability to meet his alimony obligations from income generated by his retirement assets … or out of investment assets … without affecting his own standard of living, the fact that he has retired is not a sufficient basis to reduce the alimony award.”  Greenberg v. Greenberg, 68 Mass.App.Ct. 344  (Feb. 28, 2007)
 
Support – Need and Ability to Pay.  In allowing summary judgment for the ex-wife upon the husband’s complaint for a downward modification of support, the Probate and Family Court judge improperly focused solely on the husband’s ability to pay without considering the need of the ex-wife and her own increased income, the Appeals Court held. Kernan v. Morse, 69 Mass.App.Ct. 378  (June 20, 2007)