Court Case Record Shelley Cohen vs. M. David Cohen 2010-J-0475 UID(4836)

Shelley Cohen vs. M. David Cohen Court Case Record

Court Case Number: 2010-J-0475

Case Number2010-J-0475
Case TitleShelley Cohen vs. M. David Cohen
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex Probate & Fam
CourtMiddlesex Probate & Fam
Court Address
Field Date10/19/2010
Close Date10/19/2010


Shelley CohenPro Se Plaintiff/Respondent
Anna S. Richardson, EsquireM. David CohenDefendant/Petitioner
Entry Date Paper Entry Text
10/18/2010 #1 Affidavit of Indigency, filed by M. David Cohen.
10/18/2010 #2 RE#1: Putting the question of indigency aside, the within is treated as a motion to waive the single justice petition entry fee, and as such is allowed. *Notice
10/18/2010 #3 MOTION for stay under MRAP 6(A) w/attach, filed by M. David Cohen.
10/19/2010 ORDER: The defendant has filed a petition, pursuant to Mass. R. App. P. 6, seeking to stay the effects of the Judgment and Orders of the Probate and Family Court in the instant matter pending appeal, and to release the defendant from his incarceration for failure to pay child and spousal support to the plaintiff. Though the defendant refers in his memorandum in support of the motion to "several orders pertaining to child and spousal support" entered by the Massachusetts Probate and Family Court from 2004 to the present, and asserts that "[m]any of these modified the California order" (rather than simply enforcing it), the defendant's motion does not identify or specify any respect in which any order entered by the Massachusetts court modified the outstanding support order. Review of the procedural history recounted in the December 2009 order of contempt reveals instead that the various orders for payment simply calculated the amounts of unpaid support owing under the order (including various stipulations entered by the parties). In any event, there does not appear on the present record to be any serious question that the defendant is in arrears of payment concerning a substantial amount of his support obligations. The defendant's motion does not present any question for present determination concerning any transfer of jurisdiction over future proceedings from California to Massachusetts. Accordingly, all requested relief is denied. So ordered. By the Court (Green, J.) *Notice/Attest to Kaplan, J./Image.