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

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