Opinion
No. 07-P-350.
September 25, 2008.
Decisions Pursuant to Rule 1:28.
The judgment of modification dated October 18, 2006, is modified to provide that the child support order is entered nunc pro tunc as of August 25, 2005. As so modified, the judgment of modification is affirmed except with respect to the residency of the two minor children. As to that issue, unless the parties are able to reach an agreement within forty-five days of the date of the rescript, the matter of the children's residency is remanded to the Probate and Family Court for renewed consideration in accordance with the memorandum and order of the Appeals Court. Pending such consideration the present provisions for residency are to remain in effect. The amended judgment on complaint for contempt dated October 27, 2006, is modified as follows: to exclude the finding that the father is in contempt "for willfully, clearly and unequivocally violating the terms" of the prior court orders and the agreements between the parties; to enter a recalculated amount owed under paragraph 8 of the March 3, 2000, judgment to reflect that the child support payments run from August 25, 2005; and to increase the amount payable as legal fees to $38,000. In all remaining respects, the amended judgment on complaint for contempt dated October 27, 2006, is affirmed.
Further appellate review granted. 454 Mass. 1104 (2009).