Family Law Appeals
McEvoy & Stuntz LLP has handled numerous complex appeals from Probate and Family Court Judgments.
The following is a list of reported cases and Rule 128 Decisions that McEvoy & Stuntz LLP has briefed and argued at the Massachusetts Appeals Court:
- Ulin v. Polansky, 83 Mass. App. Ct. 303 (2013) (imputation of income);*
- O’Shea v. O’Shea, 83 Mass. App. Ct. 1127 (2013) (Rule 1:28 Decision affirming the lower court’s custody, restraining order expungement, and division of assets judgment);*
- Frost-Stuart v. Stuart, 90 Mass. App. Ct. 366 (2016) (alimony, co-habitation, child support)
- Fehrm-Cappuccino v. Cappuccino, 90 Mass.App. Ct. 525 (2016) (modification, child support, self-employment, other business income). **
*In these cases, McEvoy & Stuntz LLP appeared as both trial and appellate counsel
**This case is cited in the Massachusetts Child Support Guidelines: https://www.mass.gov/info-details/child-support-guidelines, Section C: Self-Employment and Other Business Income: In Fehrm-Cappuccino v. Cappuccino, 90 Mass. App. Ct. 525 (2016), the Appeals Court addressed the appropriateness of including rental income when determining income for child support purposes. The decision notes that “there is no risk of double counting, where ‘neither the value of [the father’s interest in [the asset]] nor the [father’s] ability to earn income is diminished by treating the [father’s interest in [the asset]] as a marital asset as well as a source of income by which [the father] can meet his support obligations.’” Fehrm-Cappuccino v. Cappuccino, 90 Mass. App. Ct. 525, 528 (2016) (quoting Champion v. Champion, 54 Mass. App. Ct. 215, 221 (2002)).