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Appeals court reviews alimony order in Carucci v. Carucci; questions about retroactivity and income calculations
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…
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