SENATE DOCKET, NO. 2133        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1055

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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.

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PETITION OF:

SENATE DOCKET, NO. 2133        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1055

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1100 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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, as appearing in the 2020 Official Edition, 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 said chapter 208 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.