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

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