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Title: Marilyn L. Mccarthy v. William E.
Author : Appeals Court of Massachusetts
Release Date : January 18, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

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Divorce and Separation, Separation agreement, Modification of judgment, Child support. Contract, Separation agreement. KASS, J. When, as here, the parties have entered into a marital separation agreement which, by its terms, is to survive with independent legal significance an anticipated divorce judgment, something more than a material change in circumstances must be established in order to vary the economic terms on which the divorcing parties have agreed. Knox v. Remick, 371 Mass. 433, 436-437, 358 N.E.2d 432 (1976). Stansel v. Stansel, 385 Mass. 510, 515, 432 N.E.2d 691 (1982). Ames v. Perry, 406 Mass. 236, 239-243, 547 N.E.2d 309 (1989) (dealing particularly with the application of the ""something more"" principle to support of children). DeCristofaro v. DeCristofaro, 24 Mass. App. Ct. 231, 236 n.7 (1987) (in which the ""something more"" formulation first appears). Dennis v. Dennis, 29 Mass. App. Ct. 161, 162-166, 558 N.E.2d 991 (1990).