Proctor v. Childs
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The Supreme Judicial Court vacated a portion of the divorce judgment entered by the district court in this case and otherwise affirmed, holding that the trial court failed to make the specific finding required by statute establishing why it was equitable and just to allocate a tax exemption to the parent without primary residency.
The amended divorce judgment at issue granted Husband contact with the parties' two children three weekends per month, ordered Husband to pay child support, and allocated one child dependency tax exemption to Husband. The Supreme Judicial Court vacated in part and affirmed in part the judgment below, holding that the district court (1) did not abuse its discretion in its allocation of overnight child contact; (2) did not abuse its discretion in declining to make the award of child support retroactive; and (3) erred in its allocation of the child dependency exemptions.
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