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Appeals court considers whether amended marital judgment improperly removed annual alimony adjustments
Summary
Attorneys argued whether a probate and family court judge abused discretion by amending a divorce judgment to eliminate automatic annual alimony adjustments tied to the husband's rising income without changing the judge's findings; the appeal also consolidates contempt claims.
The appeals panel heard a consolidated appeal in Dorothy Luck v. Michael Luck (docket 24P438) challenging a probate-and-family-court amended judgment that eliminated previously ordered annual adjustments to alimony tied to the parties’ differing incomes.
Appellant counsel Linda Ouellette told the court the trial judge originally set an alimony award that included annual adjustments to preserve the recipient spouse’s station in life, and later amended the judgment to remove those adjustments without changing the factual findings or rationale. Ouellette argued that the amendment lacked explanation and that the case falls within…
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