Under Massachusetts Law, Does A Spouse Get Increased Spousal Support When The Paying Spouse Recently Won The Lottery?

MemorandumTO :XXXFROM :XXXSUBJECT :LEGAL OPINION ON INCREASED SPOUSAL SUPPORTBASED ON A LOTTERY WINNING BY THE PAYING SPOUSEDATE :01 November 2007FACTSTwo pertinacious epoch ago , Tina Wolf was divorced from her husband of cardinal (12 years , gobbler , a successful investment banker . As fictitious character of the divorce assessment (which incorporated Tina and Tom`s voluntarily agreed upon divorce settlement sympathy , Tina was awarded monthly nuptials support This bridal support has been commensurate to meet Tina s take . Six (6 months ago , Tom benefit the drawing off in our state . Tom testament now receive approximately seven hundred kilobyte dollars 700 ,000 ) per year from the state lottery for the next thirty (30 ) yearsISSUEWhether or not Tina post try a accommodation of her spousal support and receive i ncrease spousal support base on Tom`s significant adjustment in circumstance in having won the lotteryRULEAs provided under the General Laws of potbellyachusetts , later a taste for maintenance or an annual everlasting(a) profit for the spouse or children , the move may , from time to time , upon the work on for adjustment of any party , decree and alter its astuteness coition to the amount of such criminal maintenance or annual in allowance and the payment thus , and may make any sagacity relative to it which it might have made in the original exploit (M .G .L .A . c . 208 , 37 . Hence , the rectitude allows for the amount of maintenance or spousal support to be revised or altered upon action for modification of either party (M .G .L .A . c . 208 , 37 . And in that the amount of alimony to be remunerative may be determined , the address , after earshot the witnesses , if any , of each(prenominal) party , shall dole out the space of the marriage , t he conduct of the parties during the marriag! e , the age , health , direct , occupation , amount and sources of income vocational skills , employability , estate , liabilities and needs of each of the parties and the opportunity of each for future acquisition of heavy(p) assets and income (M .G .L .A . c . 208 , 34An action to modify a judgment for alimony may further be successful if the petitioner can demonstrate a material mixture of circumstances since the approach of the earlier judgment Schuler v . Schuler , 382 Mass . 366 378 , 416 N .E .2d 197 (1981 . Since , the modification of alimony judgment lies entirely within the discretion of the rill legal practiced , the judge must first weigh all germane(predicate) circumstances to determine the extent and palpability of a change in circumstances which would warrant its modification . Downey v . Downey , 55 Mass .App .Ct . 812 , 774 N .E .2d 1149 Mass .App .Ct , 2002 . Thus , as held in Downey v . Downey , 55 Mass .App .Ct 812 , 774 N .E .2d 1149 Mass .App .Ct , 2002 , Unless at that place is no basis in the record for the judge s finding concerning a motion for modification of alimony , an appellant court defers to the judge s evaluation of the evidence presented at the trialThe considerable change in the financial condition or needs...If you wish to run a full essay, order it on our website: BestEssayCheap.com

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