Salvesen v. Salvesen

A divorce decree incorporated by reference a separation agreement providing for alimony and child support, and the husband failed to make payments required by the agreement. We hold that the Probate Court had jurisdiction to enforce payment by contempt proceedings, but that the judge erred in failing to consider modification of the decree. The decision in Gunter v. Gunter, 3 Mass. App. Ct. 729 (1975), is disapproved to the extent that it indicates the contrary.

The decree of divorce nisi, entered April 9, 1970, awarded custody of the parties’ five children to the wife and added, “and all other…