Vaida v. Vaida

November Case Summary

Vaida v. Vaida

13-P-I827

The plaintiff, Nancy C. Vaida (mother), appeals from an order for summary judgment on her complaint seeking that the defendant, George A. Vaida (father), pay post minority support for his twenty-three year old physically disabled son.

 

The parties had three minor children. While the parties were separated and divorce proceedings were pending, two of the minor children were injured in a terrible car accident. As a result of the accident, Evan became a partial quadriplegic. The father was wholly responsible for the injuries that the children sustained. The mother subsequently filed a civil suit against the father.  While the suit was pending, the divorce was finalized.

 

The question before the court on appeal was whether a person of full mental faculties could receive post minority child support. The court held that post minority support is not available to adult children who are not incapacitated persons placed under guardianship. The court went onto say that a guardianship would not be appropriate as Evan had full mental faculties. The court also found that equity jurisdiction was not appropriate as the court’s role is to “enforce existing obligations . . . and not create new obligations.”

Comment: This case is important because it establishes principal and post minority support is only allowed in guardianship of incapacitated persons. If you have a disabled child you will need to do some advanced financial planning.

Special Needs Alliance Website

Readiness reentry program

I am delighted to be presenting with Raquel Webster, Senior General Counsel for National Grid, on the topic of family law and the Readiness Re-Entry Program as established by the Boston Bar Association’s Public Interest Leadership Program, Class of 2013. This program seeks to educate former inmates on a wide array of topics, including employment law, family law, bankruptcy, and many others.  The Public Interest Leadership Class identified areas of critical need for former inmates who are re-entering society and tailored the program to help those individuals through the re-entry process. 

It is a privilege and an honor to present alongside Attorney Raquel Webster.  Through Attorney Webster’s efforts and with help from the Public Interest Leadership Program’s members, former inmates will have a greater chance of success, thereby decreasing the recidivism rate.  Information equals power. The new skills that these newly freed individuals learn through this six-week course will give them a leg up in the outside world.  It is days like this, that I’m proud to call myself a lawyer and a member of Boston’s legal community.