Profile cover photo
Profile photo
Levine Dispute Resolution Center LLC
42 followers
42 followers
About
Posts

Post has attachment
The Massachusetts Appeals Court recently reviewed the decision of a Superior Court judge on the question of whether or not a spendthrift trust settled for the benefit of a disabled person, created and funded with a divorce settlement - assets transferred to the trust by his (ex-) wife – was a “self-settled” trust as a matter of law, and hence, reachable by a potential tort-creditor of his estate. The husband’s court-appointed guardian signed the separation agreement and trust instrument on his behalf.
Add a comment...

Post has attachment
For decades, Massachusetts divorce lawyers have advised their clients that if they depart from their divorce judgment obligations informally, and don’t incorporate their new deal in a modification order or judgment, they cannot rely on their consensus alone if one of the party decides to enforce the divorce orders that still exist, in court. The Appeals Court now says that we have all been wrong, with the blazingly ironic “... the parties proceed at their own risk.”
Add a comment...

Post has attachment
We will not bore you with our complaints about Appellate Rule 1:28 again, but …

In the case of D.R. v. D.A, the Massachusetts Appeals Court found that the Probate Court judge “gave undue weight to the husband’s ‘bad’ conduct such that the grossly unequal asset allocation ‘falls outside the range of reasonable alternatives’”, vacating the 4 to 9 per cent asset allocation to the offending spouse (the parties gave different computations), a difference that the appellate panel deemed “immaterial”.
Add a comment...

Post has attachment
After announcing one useful alimony holding, which we discussed in Part 1, the appellate panel in Bortolotti v. Bortolotti speed-wrote six issues that are common to many divorce cases, and where the bench and bar could use some real direction. In this blog entry, we will focus on two of them:
Add a comment...

Post has attachment
We have previously lamented the shortcomings of Massachusetts Appeals Court’s Rule 1:28 opinion practice, and the recent Bartollotti v. Bartollotti has us at it again, but that will have to wait until Part 2.
Add a comment...

Post has attachment
It is tempting to dismiss the Massachusetts Appeals Court’s Shea v. Cameron as a confection of divorcing people behaving badly, and a tale of narcissistic comeuppance. But, the case actually has two important messages in it, for which we are grateful.
Add a comment...

Post has attachment
It isn’t often that we get to see the phrase “joint stipulation of fraud”.

But, in the Massachusetts Appeals Court’s recent Shea v. Cameron, it is the perfect appetizer to a meal of mutual marital chicanery that resulted in the court’s decision to distance the itself from the:
Add a comment...

Post has attachment
Concurrences are rare in family law cases, but when the Chief Justice writes a clear-eyed one with firm conviction, people take notice. C.J. Gants, with Associate Justice Gaziano joining him, did not take issue with majority’s decision, but rather the “analytical gymnastics” necessary to find it. They were right.
Add a comment...

Post has attachment
Among the many questions that leapt off the page when the Alimony Reform Act (eff. 3.1.12) was issued in 2011 was how the M.G.L., ch. 208, §48 definition of the “length of the marriage” would be construed for cases in which the parties file a joint petition for divorce under M.G.L., ch. 208, §1A. The application of durational limits, since denominated “presumptive” by the appellate courts, for many individual cases, hung in the balance.
Add a comment...

Post has attachment
We have blogged on previously occasions about the Obama-era proposed regulations to tighten practices in valuing family-controlled businesses. Much of the last 14 months have been spent in public scrutiny and commentary of these proposed rules.
Proposed IRC §2704 Regulations? Fini
Proposed IRC §2704 Regulations? Fini
levinedisputeresolution.com
Add a comment...
Wait while more posts are being loaded