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Champion v. Champion3/19/2002
Heistand v. Heistand, 384 Mass. 20, 26-27 (1981):
"In the interests of finality this court has conditioned modification upon a demonstrated change in circumstances after entry of the original decree. Robbins v. Robbins, 343 Mass. 247, 249 (1961). The determination of the extent and palpability of such change, however, lies in large measure within the discretion of the trial judge. See Buchanan v. Buchanan, 353 Mass. 351, 352 (1967)." See also Bush v. Bush, 402 Mass. 406, 411 (1988); Keller v. O'Brien, 420 Mass. 820, 828 (1995).
Although we might not have reached the same conclusion as the trial judge were the matter ours to decide in the first instance, it is not. Based upon the evidence, the findings, and the trial judge's broad range of discretion, we must conclude that his decisions on the complaint for modification and the parties' request for counsel fees are to stand.
The parties' requests for fees and costs of the appeal are denied.
Judgments and orders affirmed.
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