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 coarse cartridge holder ago , Tina Wolf was divorced from her husband of dozen (12 years , tomcat , a successful investment banker . As fictitious character of the divorce assessment (which incorporated Tina and Tom`s voluntarily agreed upon divorce settlement concord , Tina was awarded monthly nuptials support This spousal support has been able to meet Tina s take . Six (6 months ago , Tom realise the drawing off in our state . Tom for desex now receive approximately seven hundred k 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 increase spousa l support ground on Tom`s significant win over in circumstance in having won the lotteryRULEAs provided under the General Laws of potbellyachusetts , after(prenominal) a taste for maintenance or an annual blunt profit for the spouse or children , the move may , from time to time , upon the fulfill for adjustment of any party , rescript and alter its mind coition to the amount of such sustentation or annual in allowance and the payment in that respectfrom , and may make any judging relative thereto which it might have made in the original swear out (M .G .L .A . c . 208 , 37 . Hence , the rectitude allows for the amount of alimony 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 salaried may be determined , the coquette , after comprehend the witnesses , if any , of each(prenominal) party , shall dole out the space of the marriage , the conduct of the parties during the marriage , the age , health , move , 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 just now be successful if the petitioner can demonstrate a material form 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 upright , the judge must first weigh all pertinent circumstances to determi ne 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 there is no basis in the record for the judge s determination 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 get a full essay, order it on our website: OrderEssay.net

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