The Massachusetts’s Appeals court reversed the lower Court’s dismissal of a Complaint for Modification of alimony filed by the Wife against the Husband.
In 2013, both parties resided in Massachusetts. At that time, the parties agreed no alimony would be paid at that time although future alimony was left open. The Judgment of Divorce Nisi was entered in 2014 and by 2015, the Husband was living in New Hampshire. During the 4 years after the divorce, the parties engaged in litigation involving complaints for contempt and modification. After entry of a modification judgment in 2018, the Wife moved to New Hampshire, where both parties continue to reside. On December 13, 2023, the Wife filed a Complaint for modification of alimony which is the subject of this case.
The Judge dismissed the case for two reasons, both parties lived in New Hampshire and based on a due process argument and lack of sufficient minimum contacts with MA.
The Appeals court found that MA still had continuing and exclusive jurisdiction to modify the support order. The Appeals Court found that “Because the ‘zero dollar alimony [award]’ remained subject to modification (at the time of the divorce) (citations omitted), that the Probate and Family Court continued to exercise exclusive jurisdiction over the support obligation, and the husband continued to be subject to personal jurisdiction through the operation of G.L. c. 209D, Section 2-202.”
The Court also noted that the Husband continued to litigate in MA long after he had moved to New Hampshire and that he in fact had “substantial connection” with Massachusetts. The Order dismissing complaint for modification was reversed.