Case Analysis Archives - All Analyses by Anita W. Robboy, Esq.

C.D.L. v. M.M.L., 72 Mass. App. Ct. 146 (2008)

This decision addresses two major issues in the area of alimony and child support.    MORE...

L.M. v. R.L.R., 451 Mass. 682 (2008)

A child born out of wedlock, whose parentage has been ascertained, is entitled to ongoing support after the death of the father, despite the lack of any prior order of child support. The importance of this decision extends beyond the narrow confines of the issue presented. The case underscores the enduring obligation of all parents to support their children, regardless of the relationship of the parents and regardless of the death of the parent.  MORE...

Draper v. Burke, 450 Mass. 676 (2008)
The question of subject matter jurisdiction posed in Draper v. Burke is not novel, but significant because of its prevalence in today's mobile society. Family law attorneys need to have more than a passing understanding of the Federal act, known as the Full Faith and Credit for Child Support Orders Act.  MORE . . .

In Re: Hilary, 450 Mass. 491 (2008)
The importance of the very recent case IN RE: HILARY, decided February 5, 2008, lies in the expanded interpretation of G.L.c.119, Section 29 articulated by Justice Ireland regarding the appointment of counsel for indigent parents in the dispositional phase of the CHINS proceeding. MORE . . .

In Re: Guardianship of Estelle, 70 Mass.App.Ct. 575 (2007)

The recent Appeals Court decision, Guardianship of Estelle, decided on October 29, 2007, underscores the importance of a finding of parental fitness (or unfitness) of the biological parent in the context of custody disputes, guardianship actions and adoption actions.   MORE . . .

Bernier v. Bernier, 449 Mass. 774 (2007)

The lessons to be learned from the Supreme Judicial Court’s recent case, Bernier v. Bernier are lengthier than the decision itself.  Whatever family law attorneys thought they understood about the “inexact science” involved in the valuation of S corporations is due for an intense refresher course. Whatever family law attorneys assumed about the finality of the Judgment of Decree Nisi foreclosing remedial action concerning temporary orders should be reviewed in light of this case. The Bernier case reminds the bar that M.G.L. Ch. 208, Section 34 is an equitable distribution statute, founded on equitable principles, which require divorcing spouses to stand in a fiduciary capacity towards each other in the achievement of an equitable outcome.  MORE . . .

A.H. v. M.P., 447 Mass. 828 (2006)

Chief Justice Marshall's opinion in the recent case of A.H. v. M.P. (December 8, 2006) details the legal meaning of 'de facto parent' and its application in today's complex society where children may neither be born to nor raised by their biological parents. The case focuses on the parental rights of the non-biological, non-adopting 'mama' in her equitable action seeking the status of 'de facto parent' or parent by estoppel' in the context of an unmarried lesbian couple (the case antedates the Goodridge decision). MORE . . .

Greenberg v. Greenberg, 68 Mass.App.Ct. 344 (2007)
On February 28, 2007 the Appeals Court decided a critically important modification case, entitled Greenberg v. Greenberg. In Greenberg, the court clearly articulated that retirement of the payor spouse does not mean that alimony must be reduced or terminated unless it is embedded in a substantial and material change of financial circumstances. MORE . . .