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Court Case Record ROSARIO ALVAREZ-O''NEIL vs. CHARLES O''NEIL 2013-J-0342 UID(cc5f)


ROSARIO ALVAREZ-O''NEIL vs. CHARLES O''NEIL Court Case Record

Court Case Number: 2013-J-0342


 
Case Number2013-J-0342
Case TitleROSARIO ALVAREZ-O''NEIL vs. CHARLES O''NEIL
Case TypeCivil
StateMassachusetts, MA
CountyWorcester Probate & Fam
CourtWorcester Probate & Fam
Court Address
Phone
Field Date08/12/2013
Close Date08/14/2013

Parties

CounselNameType
Ann Baum, EsquireRosario Alvarez-O'NeilPlaintiff/Respondent
William M. Driscoll, EsquireCharles O'NeilDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
08/12/2013 #1 ***Financial Statements IMPOUNDED***
08/12/2013 #2 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Charles O'Neil. ^
08/12/2013 #3 Notice of appearance of William M. Driscoll for Charles O'Neil.
08/14/2013 ORDER: The defendant has filed a petition pursuant to G.L. c. 231, § 118 (first para.) from the order dated 6/18/13 by the Worcester Probate and Family Court (King, J.) that requires the parties to sign a Domestic Relations Order which was drafted following the parties' divorce pursuant to their separation agreement. The defendant argues that the plaintiff's proposed DRO impermissibly modifies the terms of the separation agreement, and therefore, the judge erred by issuing the order. The defendant further argues that the absence of written findings constitutes an abuse of discretion. On review of the papers before me, the petitioner has not demonstrated a clear error of law nor an abuse of discretion. The proposed DRO complies with the explicit requirements of the parties' separation agreement; therefore, its preliminary approval by the motion judge is not a clear error. Further, that the motion judge did not reduce his findings and rationale to writing is not an abuse of discretion. The authority cited by the defendant as requiring written findings does not pertain to an interlocutory order such as this one. For these reasons, the defendant's petition is denied (Vuono, J.). Notice/attest/King, J.