Appeals court reviews alimony order in Carucci v. Carucci; questions about retroactivity and income calculations
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Summary
An appellate panel heard arguments Nov. 7 in Carucci v. Carucci about whether a Probate & Family Court improperly treated a post‑divorce alimony request as a modification, misapplied retroactivity and miscalculated the recipient’s income when setting support.
The Appeals Court heard argument in Carucci v. Carucci on Nov. 7 challenging a Probate & Family Court order that set alimony at $150 per week following a 17‑year marriage.
Counsel for the appellant, Christina Carucci, argued the trial court erred in several respects: it treated the post‑judgment request as a modification rather than an initial alimony determination (invoking Vadeschi precedent), made the award retroactive to 2019 in a way that effectively shortened the post‑award period available to the recipient, and miscalculated income by counting temporary transitional alimony and SNAP benefits while failing to treat income derived from pension/annuity consistent with precedent. Appellant’s counsel said the result penalizes a spouse who left the workforce to raise children and that the record does not support the court’s chosen deviation from standard guidelines.
The husband’s counsel responded that the judge relied on the parties’ submitted financial statements and reached a discretionary conclusion based on the statutory factors; counsel emphasized that the recipient’s financial statement established a weekly needs figure the trial judge used and that the judge credited the recipient’s available Social Security and a modest pension amount. Counsel also argued that the record does not clearly show reversible error and that any recalculation would best be handled on remand to the Probate Court with current financial information.
Justices focused on two practical remedial questions: whether the appeals court can make a new alimony determination on existing record evidence, or whether the matter should be remanded for updated financial submissions and new findings; and whether the inclusion of means‑tested benefits (SNAP) or temporary transitional payments in income was appropriate. The panel also questioned the trial court’s approach to retirement‑derived income and whether the judge explained any deviation from guideline ranges in a way required by statute.
The appeals court took the matter under advisement. If the panel finds legal error in characterization, retroactivity or income calculation, it may remand for further factfinding and an updated alimony determination.
