The Alimony Reform Act  has led many to seek changes to their alimony orders and agreements.  The change from "lifetime alimony" was a driving force behind the Act, after all.  However, that doesn't mean that everyone is entitled to a change under the Act. In Demarco v. Demarco , the Appeals Court looks at a case where two parties reached an Agreement based on an assumption that the husband was entitled to a change under the Act.  That assumption was incorrect according to the Supreme Judicial Court's ruling in Chin v. Merriot (and its two companion cases, Rodman & Doktor).   The recipient spouse in Demarco believed that this mistake required her case to be reopened, and the trial judge agreed.  Below is a recap of the timeline in this case: May, 2010  - The Demarco's get divorced, with an agreement that includes an alimony payment ( merged order ). Mar, 2012 - The Alimony Reform Act takes effect, and it includes a provision that alimony p...

The Alimony Reform Act  has led many to seek changes to their alimony orders and agreements.  The change from "lifetime alimony" was a driving force behind the Act, after all.  However, that doesn't mean that everyone is entitled to a change under the Act. In Demarco v. Demarco , the Appeals Court looks at a case where two parties reached an Agreement based on an assumption that the husband was entitled to a change under the Act.  That assumption was incorrect according to the Supreme Judicial Court's ruling in Chin v. Merriot (and its two companion cases, Rodman & Doktor).   The recipient spouse in Demarco believed that this mistake required her case to be reopened, and the trial judge agreed.  Below is a recap of the timeline in this case: May, 2010  - The Demarco's get divorced, with an agreement that includes an alimony payment ( merged order ). Mar, 2012 - The Alimony Reform Act takes effect, and it includes a provision that alimony ...

The Probate and Family Court in Massachusetts is underfunded and cannot handle the amount of litigants that seek relief there each year in as timely a manner as everyone would like.  The Court staff are not ignoring cases, but there just aren't enough court staff to handle the demand.  Because of these issues, the wait time for a hearing in most counties has increased significantly. But finally after months and months of waiting your hearing is finally here.  The Judge hears your case and takes the issues under advisement.  And now the waiting begins again.  How long are you expected to wait for an answer from the Judge?  What happens if a decision is never made?  Or, even worse, if the decision was made but never recorded due to some clerical error? In the past, our only option when these issues arose was to check in with the Judge's Lobby and find out if one of the Judge's secretaries could discover the delay.  Of course, this created more w...

Standing Order 2-99 of the Massachusetts Probate and Family Court governs the proper procedures for submitting post-hearing Motions to the Probate and Family Court.  Per the Court's recent Press Release , amendments to this Standing Order, which took effect on July 2, 2012, clarify what types of motions may be submitted in these situations. It had become common under the old version of the order for parties to file a Motion for Reconsideration or a Motion for Clarification after receiving an unfavorable Judgment or Order after a hearing in the Probate and Family Court.  The old rule made specific reference to these types of Motions.    However, there is no specific Massachusetts Domestic Relations Procedure Rule  that allows for Motions for Reconsideration or Motions for Clarification specifically.  Under Massachusetts Domestics Relations Procedure Rule 60  a Motion for Relief from Judgment and Order may be brought, but only for very spe...