SENATE DOCKET, NO. 1503        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 988

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mark C. Montigny

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting survivors of domestic abuse.

_______________

PETITION OF:

SENATE DOCKET, NO. 1503        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 988

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act protecting survivors of domestic abuse.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 208 of the General Laws is hereby amended by inserting after section 34D the following section:-

Section 34E. In determining whether to make a judgment for either party to pay alimony to the other under sections 48 to 55, inclusive, the court shall consider documented evidence of abuse, as defined in chapter 209A, including, but not limited to, emotional distress resulting from that abuse, between the parties or perpetrated by either party against either party’s child. For purposes of this section, documented evidence shall include, but shall not be limited to, records contained within the statewide domestic violence record keeping system. The court may consider other evidence that it considers appropriate in determining whether there is a history of abuse between the parties or perpetrated by either party against either party’s child. Whenever 1 party has a criminal conviction resulting from abuse perpetrated against the other party or either party’s child, a judgment for alimony to benefit the convicted party as a recipient shall be prohibited.

SECTION 2. Section 53 of chapter 208 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “marriage”, in line 9, the following words:- “; documented evidence of a history of abuse, as defined in chapter 209A, including, but not limited to, emotional distress resulting from that abuse, between the parties or perpetrated by either party against either party’s child”.

SECTION 3. The payor spouse may petition the court to terminate an alimony judgment entered into prior to the effective date of this act if the payor spouse presents a certified copy of a court docket evidencing a conviction, as set forth in section 1 of this act, after all appeal periods have been exhausted.