![]() ![]() We address the mother's arguments in turn.ġ. Cappuccino (father), challenges the downward modification of child support and the lack of a contempt finding against the father. In this appeal from a "judgment on complaint for modification and complaint for contempt" entered by a judge of the Probate and Family Court on February 21, 2014, Carolyn Fehrm-Cappuccino (mother), the former wife of Gary J. ĬOMPLAINT for divorce filed in the Norfolk Division of the Probate and Family Court Department on July 14, 2008.Ī complaint for modification, filed on January 12, 2012, and a complaint for contempt, filed on November 20, 2013, were heard by George F. This court set aside a Probate and Family Court judges adjudication on a complaint for contempt and remanded the matter for further consideration. ![]() ![]() In a civil action by a father seeking the downward modification of child support in a judgment of divorce, a Probate and Family Court judge abused his discretion in excluding the fathers rental income, and therefore, this court remanded the matter for recalculation of child support including both the fathers net rental income and the mothers net rental income from a different property further, this court set aside the attribution of income to the mother based on contributions from her cohabiting boy friend and remanded the matter for further findings finally, this court concluded that the judge abused his discretion in attributing a particular weekly earning capacity to the mother. 525 ApOctoCourt Below: Probate and Family Court, Norfolk Division Present: Cypher, Agnes, & Massing, JJ.ĭivorce and Separation, Modification of judgment, Child support. ![]()
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