Kennedy v. Kennedy

We are here concerned with the question of counsel fees under G. L. c. 215, § 34A, 1 in an action for contempt against a party for failure to obey a Probate Court support order. After finding the defendant husband, George, in contempt of such a support order, a probate judge included an award for counsel fees and expenses in a judgment of divorce after rescript. The plaintiff wife, Lillian, claims on appeal that the amount of the award is inadequate.

The litigation has been before the Appeals Court four times. See Kennedy v. Kennedy, 10 Mass. App. Ct. 113 (1980) [Kennedy I); Kennedy v.…