McNutt v. McNutt
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The Supreme Judicial Court affirmed the judgment of the district court finding John McNutt (Dan) in contempt of the parties’ earlier divorce judgment and increasing his spousal support obligation to Janice McNutt.
On appeal, Dan argued that the court erred by (1) finding that he was now able to pay increased spousal support and ordering a temporary increase of that support to $1,750 each month, and (2) not addressing an ambiguity in the divorce judgment and imposing a lien in Janice’s favor, which he alleged rendered him unable to purge his contempt. The Supreme Judicial Court held (1) ample competent evidence in the record supported the court’s findings that Dan was in contempt of the property disposition provisions of the divorce judgment and that he received a substantial increase in income due to his disregard of the court’s order to sell or refinance two marital rental properties; and (2) the lien was consistent with the terms of the divorce judgment.
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