781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

Making a federal case of surviving separation agreements

Wednesday, August 12, 2015

The divorce bar does not often look to the federal trial court for guidance in family law matters. In fact, outside of discovery and the Rules of Civil Procedure, we rarely look to federal courts at all when constitutional rights are not at issue.

But U.S. District Court Judge William G. Young’s ruling in Irish v. Irish is a noteworthy exception.

Young’s findings and conclusions establish contractual liability from a former husband’s false statement on his Supplemental Probate Court Rule 401 Financial Statement, filed in a Middlesex Probate & Family Court divorce case and referred to in a separation agreement that the state court incorporated into its divorce judgment. Critically, the agreement survived incorporation in the judgment and did not merge therein.

The federal case concerns a payout to defendant Craig S. Irish that plaintiff Dawn E. Irish, and now Judge Young, view as a form of phantom equity, in which the former wife has continuing contractual rights. Young makes quick and eloquent work of Mr. Irish’s contention that a substantial sum received by him afer divorce was merely a bonus and, thus, outside the scope of Ms. Irish’s property claims.

The forum and the substance both merit close consideration for divorce lawyersRead more...



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

divorce judgment alimony medical benefits facilitated negotiations divorce lawyers fraud mediations Major League Baseball Arbitration LDRC Child Support Guidelines Levine Dispute Resolution Center family mediation alimony law COLA med/arb Matrimonial Arbitration annulment Alimony Reform Act high-risk methodology divorce process arbitrator Family Law Arbitration support orders alimony statute DOMA lawyer Massachusetts divorce mediators mediator health coverage divorce arbitrators how baseball arbitration works Levine Dispute Resolutions divorced child support Same Sex Marriage mediators Baseball Players arbitrators separation dispute resolution lawyer-attended mediation health insurance litigation family law special master family law arbitrators med-arb Divorce Agreements self-adjusting alimony Levine Dispute Resolution Center LLC IRC §2704 Baseball MLB labor agreement divorce arbitration Chouteau Levine divorce mediators divorce agreement divorce litigation lawyers Massachusetts rehabilitative alimony Act Reforming Alimony in the Commonwealth The Seven Sins of Alimony Massachusetts lawyers divorce and family law mediators Baseball Arbitration pre-ARA alimony Massachusetts alimony Uniform Arbitration Act divorce arbitrator General term alimony Massachusetts alimony and child support traditional negotiations Massachusetts Alimony Reform Act mediation Boston SJC Cohabitation arbitration Self-adjusting alimony orders divorce mediation Massachusetts divorce lawyers family law arbitrator family law mediation family and probate law disputes private dispute resolution divorce mediations family support Levine Dispute Resolution alimony orders divorce mediator alimony reform legislation divorce and family law disputes Massachusetts Lawyers Weekly conciliation Defense of Marriage Act resolve disputes Obamacare Divorce