Kates v. Kates

Massachusetts Supreme Judicial Court

Kates v. Kates

200 N.E.2d 256, 347 Mass. 783

CourtMassachusetts Supreme Judicial Court

DecidedJune 26, 1964

StatusPublished

Cited by8 cases

This text of 200 N.E.2d 256 (Kates v. Kates) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kates v. Kates, 200 N.E.2d 256, 347 Mass. 783 (Mass. 1964).

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Opinion

Decree affirmed. This is an appeal from a decree of the Probate Court modifying that portion of a divorce decree providing for support of two minor children. The evidence is reported and there is a report of material facts. The petitioner, Rona Kates, secured on November 28, 1962, a decree nisi for divorce from the respondent. On November 26, 1962, the parties had entered into a separation agreement which provided for payments of $25 weekly for the support and maintenance of the children until both of them reached the age of twenty-one, married or died. The agreement was not introduced in the divorce proceedings nor incorporated by reference in the original decree. The basis of the present petition to modify lay in the death in December, 1962, of the petitioner’s father, who had been of material financial assistance to her and the children during his life. There is no error in the order increasing the payment for support of the children. The separation agreement did not oust the jurisdiction of the Probate Court under G. L. e. 208, §§ 28, 37, over continuing problems of support of the minor children. Wilson v. Caswell, 272 Mass. 297, 301-302. See Freeman v. Sieve, 323 Mass. 652, 656-657.

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Decree affirmed. This is an appeal from a decree of the Probate Court modifying that portion of a divorce decree providing for support of two minor children. The evidence is reported and there is a report of material facts. The petitioner, Rona Kates, secured on November 28, 1962, a decree nisi for divorce from the respondent. On November 26, 1962, the parties had entered into a separation agreement which provided for payments of $25 weekly for the support and maintenance of the children until both of them reached the age of twenty-one, married or died. The agreement was not introduced in the divorce proceedings nor incorporated by reference in the original decree. The basis of the present petition to modify lay in the death in December, 1962, of the petitioner’s father, who had been of material financial assistance to her and the children during his life. There is no error in the order increasing the payment for support of the children. The separation agreement did not oust the jurisdiction of the Probate Court under G. L. e. 208, §§ 28, 37, over continuing problems of support of the minor children. Wilson v. Caswell, 272 Mass. 297, 301-302. See Freeman v. Sieve, 323 Mass. 652, 656-657.

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Bluebook (online)

200 N.E.2d 256, 347 Mass. 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kates-v-kates-mass-1964.

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