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April 13, 2012     Post-Gazette
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April 13, 2012
 

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Page 4 POST-GAZETTE, APRIL 13, 2012 David J. Saliba Attorney at Law Is a Probate Judge authorized to terminate alimony because the ex-husband retires from his job? The defendant, Joan Ber- tocchi Ross, appeals from a Probate and Family Court judgment that, among other things, eliminated her former husband&apos;s alimony obligation effective Novem- ber 1, a modification or ter- mination of alimony should not be solely premised on a supporting spouse's retire- ment. It does not foreclose a judge from considering an individual's good faith retirement in determining if there has been a material change in circumstances that warrants modifying or terminating an alimony ob- ligation ("A support provider's retirement from employment is a career change that, depending on the support provider's age, health, and occupation, may constitute a voluntary, good faith ca- reer change that will justify a probate judge's decision to ADAM J. ROSS vs. JOAN BERTOCCHI ROSS 10-P-If30 APPEALS COURT OF MASSACHUSETTS 2011 Mass. App. April 6, 2011, Entered rely on the support provider's actual, rather than poten- tial, income in deciding whether [and by how much] to modify an alimony judg- ment"). The judge arrived at her decision to terminate the plaintiffs alimony obli- gation only after a thorough consideration of the factors and in accordance with the directive that "the statutory authority of a court to award alimony continues to be grounded in the recipient spouse's need for support and the supporting spouse's abil- ity to pay." In addition to ac- knowledging the plaintiffs decreased income in light of his good faith retirement at a customary retirement age of sixty-five years old, the probate judge highlighted significant changes in the defendant's need for support since the original alimony amount was ordered: "More than ten (10) years have passed since the par- ties' divorce. The parties' children are emancipated. Joan does not need alimony to maintain her lifestyle. Joan is able to be self-sup- porting. She has the educa- tion, experience, skills and desire which will enable her to do so consistent with her stated business [*4] plan. It is also of note that Adam is nearly 66 years old and re- tired, whereas Joan, at age 52, is almost 14 years young- er than Adam, and she has a greater opportunity to ac- quire future assets and in- come both from employment and investment choices." We find the case before us is adequate to conclude that the Probate Court judge did not abuse her discre- tion by terminating the plaintiff's alimony obliga- tion. Judgment affirmed. NEAA to Honor Bobby Simboli, Sr. years teaching young North Enders how to play baseball. Bobby coached our arch rival, The Knights of Columbus team when I played for Tony's Fruit." said NEAA baseball coordinator John Romano. Bobby was also a great father, husband and family man. He was a pretty darn Opening Day of the 2012 North End Athletic Associa- tion Youth Baseball Programs will be on Saturday, April 28. This year the NEAA will honor long time coach Robert "Bobby" Simboli, Sr., as part of the opening day ceremo- nies. "Bobby was a great coach and dedicated many The Agency for aft your Insurance Coverages Richard Settipane AUTO HOMEOWNERS TENANTS COMMERCIAL Experience makes the difference SPECIALIST in RESTAURANT and BUSINESS POLICIES CALL TODAY FOR YOUR QUOTE 617-523-3456 - Fax 617-723-9212 1 Longfellow - Place Suite 2322 - Boston, MA 02114 Conveniently located with Free Parking NORTH END00 good softball pitcher as well! He is deeply missed by his family and friends and we wanted to honor him for his contributions to NEAA base- ball over the years. This event will be held at Campochiaro Field at Langone Park on Commer- cial Street. The day will open at 10:00 am with two NEAA Baseball Minor League Games, one at 10:00 am and the other at 11:00 am. A BBQ for all the players, their families and game attend- ees will start at noon. First pitch ceremony with Bobby's family will be at 12:45 PM. This will be followed up by a Double Header of the four NEAA Youth Major's Teams. We invite all of Bobby's friends, family, former play- ers and softball teammates to come share in this spe- cial day honoring him. If you would like to make a donation to this event or sponsor NEAA's Great Base- ball Programs please make checks payable to: NEAA c/o John Romano, 30 North Bennet Street, Boston, MA 02113. We hope to see everyone at the park!!! QUOTE TO NOTE If an American is to amount to anything he must rely upon himself, and not upon the State: he must take pride M his own work, instead of sitting idle to envy the luck of others. He must face life with resolute courage, win victory if he can, accept defeat if he must, without seeking to place on his fellow man a responsibility which is not theirs. - Theodore Roosevelt Owned and operated by Pamela Donnaruma, Publisher, Post-Gazette Quality Printing for all your Commercial and Personal Needs n COMPETITIVE PRICES m 617-227-8929 by Sal Giarratani < ..... - Is the Next Chapter of Life Looking for You? Last week while driving in- side the O'Neill Tunnel head- ing south, a truck in the next lane passed me by and I noticed the truck's signage. Right there in big lettering was a quote from Robert Mon- davi, "Whatever it is you do, pour yourself into it." Here's the question, Was Mondavi talking about opening a bottle of his wine or about life? I know it was a play on words but it seems like a great play on words as well as providing me with some needed in- sight. This year I am shortly about to find oiat what Paul McCartney was feeling when he penned, "When I'm 64." I am now processing post- retirement plans. Shortly, I will pick my retirement date and put closure to that part of my life that began at age 24 years old and to my almost 27 years as a special state police officer which will be coming to an end. Since late 1972, I have been an employee of the Mas- sachusetts Department of Mental Health and over the years I have learned many valuable insights into how people view their own exist- ence and also about my own outlook of life and under- standing its many lessons. Like most of us heading toward retirement and in recent weeks, I have talked with more than a few facing this new phase of life and I have discovered it can be scary. Endless days, weeks, months and years going back and forth from work, this routine seemed endless but it really never was. Every- thing has an ending. We all remember quite well that first day of work, especially if it turned out to be the beginning of a long career. Most of us smile remembering that day and what brought us to it. However, thinking about your last day at work bothers most folks. We tend to say one thing and think another. I tell someone I am planning on retiring; they smile and say they wish they were me. One person said, "Good for you." Good luck to me? I wish I felt that upbeat about this im- peding date with my destiny. I want very much to say good bye but then I wonder what I will be doing the day after I retire. I won't need that clock anymore to wake me up at 5:00 am. I actually think I will need a new job before I retire from this one. I can't just stay in bed all covered up from the next day and the next and the next. I can't just go to the beach everyday when it's hot. I will need to work, to stay active and to do something rather than do nothing. It isn't that easy, I am learning trying to find something to do at Paul McCartney's age. The only other real job I had while in college was working in Boston's South End behind the counter at the City Spa Cafeteria near old Boston City Hospital. The last thing I see me doing now is serving food to people again. Been there, done that, no more. Switching jobs is easier than retiring from the work force which is why I would want to still be gainfully employed after retiring. When my father retired after 36 years at Boston City Hospital at the end of 1977, he entered his retirement and never sought a post-retirement job. Personally, I think it is bad not to work and for me, my pension won't be enough and I will be forced to work and remain a working bee. Too many people don't just retire from a job; they retire from life and end up spend- ing most of their days at the doctor's office or in a hospital bed. That doesn't sound too good to me. I will be retiring shortly but not that quick, I don't want to end up with too many trips to the hospital or doctor's office. Oh, did I tell you about my series of nightmares about post-retirement? They have been horror movies. I am glad to wake up and know it is still time to go to work. When you start dreaming about Holy Cross Cemetery, you know you're worried about the big step about to be made. There's the past, present and future and it is the future that gives me and most of us the goose bumps. The future is the unknown and where it will take us is even more unknown. I think about Robert Mondavi's quote but it doesn't really help me. I've been pour- ing out my life into my career and wonder how empty or full the wine bottle is? I hope it is a very large container because life shouldn't end at retirement. I will end up re- tiring after much more men- tal turmoil over it, I am sure I will enjoy my retirement. The hurdle is to actually get across that job finish line and not see a brick wall next to it. I just had my photo pub- lished in the Boston Herald and I looked #$# good. I still have my hair, my humor and most of my sanity which means I will at least kick off my retirement on the right foot. You know what, I can remember pleasantly ending my first day in the first grade, and I thought it went well. As Gloria Gaynor sang, "I Will Survive" and Frank Sinatra capped his career with "My Way," I will sing goodbye to the old and hello to the new. "The book of life may be brief," as Perry Como sang but as Yogi Berra stated, "It ain't over until it's over." I know I am going overboard but that's because I am a nervous wreck about it all. If I start quoting Michael Landon playing an angel, all I will have left taking myself into retirement will be my hair and humor. The next time I talk about my retire- ment will be to tell you how great everything turned out. Hopefully.