Fields and Dennis LLP

  • Our Firm
    • Our Approach and Philosophy
    • News and Media Coverage
  • Attorneys
    • Sheryl J. Dennis
    • Jonathan E. Fields
    • Vicki L. Shemin, J.D., LICSW, ACSW
    • Hugh F. Ferguson, Ph.D.
    • Andrea E. DeLaney
    • Wendie E. Murstein
    • Jonathan Crafts
    • S. Robert Fish, Jr.
    • James E. O’Connell, Jr.
    • Support Staff
      • RIKKI B. SAKSIK
  • Practices
    • Online Divorce Mediations
    • Fledgling Estate Plan for Millennials
    • Family Law
    • Divorce
    • Dispute Resolution
    • Estate Planning
    • Elder Law
    • Guardianship
    • Probate
    • Real Estate Law
    • Civil Litigation
    • Business Litigation
    • White-Collar Criminal & Regulatory Defense and Investigations
    • Mediation
    • Collaborative Law
    • Parent Coordinator
    • Arbitration
  • Resources
    • Covid 19 / Coronavirus Resource Page
    • Fledgling Estate Plan
    • Legal Information
    • Significant Cases
    • Psychology of Divorce
    • Cyber Issues and Divorce
    • Books + Videos
  • Blogs
    • Fields and Dennis LLP Blog
    • Divorce And Mediation Blog
    • Massachusetts Estate Planning Blog
  • Contact
    • Online Consultations & Mediations
    • Map & Directions
    • Pay Invoices Online
    • Contact Us
  • What Others are Saying
  • (781) 489-6776
You are here: Home / Bloksberg v. Bloksberg

Bloksberg v. Bloksberg

7 Mass. App. Ct. 233

November 20, 1978 – March 20, 1979

Norfolk County

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

Where the terms of a separation agreement were incorporated by reference in a divorce decree, a provision in the agreement for arbitration of disputes did not preclude resort to the Probate Court for enforcement or modification of the alimony and child support provisions of the decree. [234-235]

TWO CIVIL ACTIONS commenced in the Probate Court for the county of Norfolk on November 9, 1977, and December 13, 1977, respectively.

A motion to stay proceedings was heard by Podolski, C.J., and the matter was reported by him to the Appeals Court.

Julian T. Houston for the defendant.

Edward M. Mahlowitz for the plaintiff.


ARMSTRONG, J. The parties were granted a decree nisi of divorce on November 1, 1973, the decree making provision for alimony and child support by incorporating in the decree, by reference, a separation agreement which had been previously executed by the parties. The agreement contained a clause which we shall assume, for purposes of decision, required submission to arbitration of any dispute arising out of or in connection with the agreement. [Note 1] In November, 1977, the wife brought the present

Page 234

action for the purpose of having the husband found to be in contempt of the decree, alleging in part that the husband had terminated alimony and child support payments altogether after August, 1977. The husband filed a complaint for modification of his support and alimony obligations and a motion to stay both the contempt action and the modification action until the disputes involved in both actions should be resolved by arbitration. The judge denied the stay but reported to this court (see Mass.R. Dom. Rel.P. 64 [1975]) the question of the correctness of that ruling.

The judge did not err in denying the motion for a stay. The decree nisi, by virtue of its incorporation of the terms of the separation agreement, imposed on the husband obligations for the payment of alimony and child support parallel to those of the agreement, Knox v. Remick, 371 Mass. 433 , 434 (1976), and the contempt and modification actions were both concerned solely with the obligations imposed by the decree and not those imposed by the agreement. The decree provided that its provisions relative to alimony and child support were to stand “until the further order of the court,” and the Probate Court had continuing power under G. L. c. 208, Section 37, to modify those provisions. Salvesen v. Salvesen, 370 Mass. 608 , 610-611 (1976). The portion of the decree which called for arbitration was thus subject to modification or elimination by the court; and it is settled that the court’s power of modification under G. L. c. 208, Section 37, may be exercised as to both future and past obligations and may be exercised not only

Page 235

in a proceeding for modification but also in a proceeding for contempt. Watts v. Watts, 314 Mass. 129 , 133 (1943). See Cohen v. Murphy, 368 Mass. 144 , 147 (1975). It follows that the provision for arbitration of disputes, assuming it to have been validly incorporated in the decree nisi, could not have the effect of precluding resort to the Probate Court for enforcement or modification of the alimony and child support provisions of the decree. Any other result would enable a judge, by inserting or incorporating an arbitration provision in the judgment, to divest the court of the power given it by G. L. c. 208, Section 37, to modify orders for alimony and child support as conditions necessitate.

In view of the judge’s refusal of the stay, we need not consider whether a decision to enforce an arbitration provision in circumstances such as those here presented would constitute error of law or abuse of discretion.

The case is remanded for further proceedings consistent with this opinion.

So ordered.


FOOTNOTES

[Note 1] The clause read in part: “In the event of any dispute or misunderstanding arising out of or in connection with this [a]greement, as between the [h]usband and [w]ife, a readjustment in payments, either temporary or permanent, appears to either party to be warranted, such dispute, misunderstanding or proposed readjustment shall be referred to and settled by the [t]rustee, and if the [t]rustee cannot settle the matter, it may be referred by him to some properly qualified and experienced third party acceptable to him, and the decision of the two shall be binding and conclusive on the parties.” As something is wrong with the syntax, the clause is subject to differing interpretations by the parties. It is unnecessary to determine the correct interpretation at this time, although it may be necessary later should either of the parties commence litigation to enforce the agreement.

Contact Us

Phone: 781.489.6776
Fax: 781.489.6233
80 William Street — Suite 210
Wellesley, MA 02481 USA

Recent Posts

Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

January 3, 2023

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly’s second most read article of the year. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people […]

Fields and Dennis LLP Fundraiser for K9s for Warriors

December 1, 2022

Over the years Fields and Dennis have been proud to sponsor an annual holiday fundraiser for K9s for Warriors. We will be holding another holiday fundraiser through the end of the year. K9s For Warriors is a program to reduce veteran suicide and help our warriors return to a life of dignity and independence. The […]

Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

November 29, 2022

Just because you and your ex-spouse are no longer together doesn’t mean you can’t co-parent peacefully during the holiday season. There are many ways divorced parents can make the holidays memorable for their children. Read the full article on Divorcemag.com https://www.divorcemag.com/blog/here-are-4-ways-divorced-parents-can-make-the-holidays-joyful-for-their-children

Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

November 22, 2022

  Fields and Dennis LLP is proud to congratulate Sheryl Dennis, Vicki L. Shemin and Jonathan Fields on being selected as Top Lawyers for 2022 by Boston Magazine. The Boston Magazine Top Lawyers list is extensively peer-reviewed and curated to bring together the top quality attorneys in Boston, making it easier for anyone seeking an […]

Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

November 16, 2022

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly this week. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people around you. It really is […]

Contact Us

Please use the contact form below to email Fields and Dennis LLP.

    Your Name (required)

    Daytime phone (required)

    Your Email (required)

    Brief description of your legal issue:

    Sending a message to Fields and Dennis LLP does not constitute an Attorney Client relationship. Please review our Communication Policy before sending any messages.

    Location

    FIELDS AND DENNIS LLP
    80 William Street — Suite 210
    Wellesley, MA 02481 USA
    (T) 781.489.6776
    (F) 781.489.6233

    You can also find us on…

    Recent Blogs

    • Attorney Jon Fields receives the 2022 John Adams Fiske Award
    • Attorneys Sheryl Dennis and Hugh Ferguson quoted in Newsweek
    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly
    • Fields and Dennis LLP Fundraiser for K9s for Warriors
    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    Recent Firm News & Coverage

    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

    • Fields and Dennis LLP Fundraiser for K9s for Warriors

    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    • Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

    • Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts. Attorney Jonathan Fields is a recognized authority on bitcoin and divorce

    Copyright 2021 Fields and Dennis LLP

    Attorneys | Divorce Attorneys | Estate Planning Attorneys | Firm Overview |

    Disclaimer | Privacy Policy | Contact | Pay Invoice