Husband's Alimony Reduction Delayed by Appeals Court
On March 11, 2021 family law attorney David Friedman was quoted in Massachusetts Lawyers Weekly's article, "Appeals Court OKs delay in husband’s alimony reduction." The article discusses the Appeals Court decision finding that a reduction of a former husband’s alimony obligation could be delayed based on capital gains income that he was receiving from a sale of an asset assigned to him in the divorce.
David states in the article that "the decision highlights the fact that a court may delay implementation of a judgment if it determines that the requisite material change of circumstances will not be met until such date." In terms of the impact on practitioners, he goes on to say, “prior to seeking a reduction in a support order, lawyers must look to the totality of a payor’s financial circumstances, as a reduction in the payor’s income alone may be insufficient to meet the standard of a material change in circumstance.”