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Leave to appeal interlocutory spousal support order denied; appeals in interlocutory family matters discouraged.
The appellant husband sought leave to appeal an interlocutory order requiring him to pay spousal support of $2,800 per month based on his 2011 income.
He argued the support should have been based on his projected 2012 income.
The court dismissed the motion for leave to appeal, finding no good reason to doubt the correctness of the interlocutory order and noting that appeals from interlocutory family matters are discouraged.
The court awarded costs of $5,000 to the respondent wife.
Leave to appeal interlocutory spousal support order denied; motion judge's income determination was discretionary.
The appellant husband sought leave to appeal an interlocutory order requiring him to pay spousal support.
He argued the motion judge erred by basing support on his previous year's income rather than his projected current year income.
The court dismissed the application, finding no good reason to doubt the correctness of the motion judge's exercise of discretion and noting that appeals from interlocutory family law orders are discouraged.
The court held the issue was fact-driven and not of general importance.
