Massachusetts Divorce Alimony Lien Marital Home Lawyers Attorneys
Virginia L
Virginia L. Brady v. James P. Brady
Supreme Judicial Court of Massachusetts
FACTS:
James P. Brady (husband) and Virginia L. Brady (wife) were married on September 28, 1968, and their one child was born on August 2, 1969. On March 30, 1972, they purchased a house in West Groton, Massachusetts, for $ 22,900. They made a down payment of $ 4,750 and executed a mortgage for $ 18,300. On October 20, 1972, the husband moved out of the home. Three years later the wife filed in the Probate Court for Middlesex County a complaint for divorce alleging desertion. She was granted a judgment of
divorce nisi on April 14, 1976, in an uncontested proceeding. At the time of the divorce proceeding the wife had been receiving public assistance for two and one-half years. The Probate Court judge accepted a stipulation of the parties concerning custody and visitation of the minor child. He rejected that part of the stipulation under which the husband agreed to convey his interest in the marital home to the wife in lieu of alimony. The court ordered the husband to pay that sum to the department and also imposed a lien on the marital home in favor of the department for any unpaid amounts. The appellate court reversed the probate
ISSUES:
The following are the issues to be decided:
Whether the
divorce granted by the lower court is valid.
Whether waiver of alimony by wife and subsequent lien of the government of the marital home is valid.
DISCUSSION:
Federal law provides that Aid to Families with Dependent Children (AFDC) recipients must assign their support rights to the state as a condition of AFDC eligibility. Mass. Regs. Code tit. 106, 303.360 (1978). Support rights so assigned to the state constitute an obligation owed to the state by the individual responsible for providing such support. 42 U.S.C.S. 656(a). By virtue of this assignment of rights, the Department of Public Welfare, and not the spouse maintaining
custody of the child, is entitled to receive payment. Mass. Gen. Laws ch. 208, 34, mandates that the probate judge consider the following factors in awarding alimony: the length of the marriage, the conduct of the parties during the marriage, the age, health, station, 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 capital assets and income. He may also consider the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. It is important that a judge's findings clearly indicate that he has weighed all the statutory considerations. Thus, the record must show beyond doubt that the judge considered all the factors set forth by the statute. In addition to considering the statutory factors, the judge should give appropriate consideration to the agreement of the parties fixing alimony and child support. While, of course, he is not bound by the agreement, he should uphold it if it is "fair and reasonable" in the circumstances.
JUDGMENT:
The court affirmed the award of a divorce to the wife, but reversed the probate court's judgment ordering the husband to pay weekly alimony and child support directly to the department and imposing a lien on the marital home in favor of the department.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
Massachusetts Divorce Alimony Lien Marital Home Lawyers Attorneys
By: Atchuthan Sriskandarajah
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