Massachusetts Divorce Cases / Legal Fees
On this page we are compiling links to the full text of important Massachusetts Appellate Cases on Family Law and Divorce decided by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court.
These cases are for educational purpose only and should not be used for any official or legal purpose. Please consult official reports. Below you will be able to search for Massachusetts Appeals Court Slip Opinions and Massachusetts Supreme Judicial Court Slip Opinions relating to Legal fees.
Legal Fees Cases in Massachusetts
Broome v. Broome, 43 Mass. App. Ct. 539 (1997): Wife filed an action seeking order of spousal support on ground that countervailing equities existed which warranted modification of judgment of divorce nisi incorporating parties' separation agreement. The Probate and Family Court judge found that the four contempt actions brought by the wife and the Superior Court action brought by the husband, resulted in the wife incurring considerable legal bills. Facts that former wife incurred considerable legal bills in filing contempt actions against former husband and that former husband brought action for return of alleged overpayment of unallocated support did not constitute sufficient countervailing equities to support modification of separation agreement to award spousal support to wife until her remarriage or death of either spouse, where contempt actions had been settled and parties agreed that support payments under separation agreement were to cease upon emancipation of youngest child which had occurred at time of award of additional support.
Hennessey v. Sarkis, 54 Mass. App. Ct. 152 (2002): Wife filed a complaint for civil contempt alleging that the husband failed to honor the wife's direction to exercise various stock options and had also failed to provide her with financial and tax information relating to propertyies that had been awarded to her, as was required by the divorce judgment. The husband only obeyed the orders during the day of the hearing and the Probate and Family Court judge found that the husband was an obstructionist and that his conduct necessitated the filing, the hearing, and the contempt matter. Therefore, he order the husband to pay the wife's attorney fees. The Appeals Court affirmed this order because of the evidence presented of the husband's obstructionist conduct.
Levenson v. Feuer, 60 Mass. App. Ct. 428 (2004): Former husband filed declaratory judgment action seeking rescission of loan documents special master executed in contempt proceeding brought due to former husband's failure to finance lump sum alimony owed to former wife as agreed in divorce proceeding. The Probate and Family Court declared the loan documents void, awarded former husband attorney fees against law firm for former wife, and reserved and reported question of law firm's liability for attorney fees. The law firm appealed. Former husband also commenced related damages action against law firm. Following a bench trial, the Superior Court Department entered judgment for law firm, and former husband appealed. Because of the husband's failure to finance the lump sum alimony owed to former wife as he had agreed, he was not entitled to attorney fees incurred in declaratory judgment action from attorney who had financed lump sum payment.