CourtListener 10804829•Robert X. Jenkins v. Shantal M. Jenkins.
Texto completo
NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
25-P-1020
ROBERT X. JENKINS
vs.
SHANTAL M. JENKINS.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The mother, Shantal M. Jenkins, appeals from a judgment of
contempt entered by a Probate and Family Court judge.
Concluding that the mother is obligated to obey the modification
judgment of the court, from which she has neither appealed nor
filed a motion for relief, we affirm.
On November 7, 2022, the parties entered into a stipulation
that, among other things, requires the mother to pay the father
$13 per week (in addition to base child support) and to provide
proof of her current address. A judge issued a judgment of
modification on April 26, 2023, requiring the mother to abide by
the stipulation and to pay $319 per week in base child support.1
The mother neither appealed this judgment nor filed a motion for
relief from this judgment.
On March 19, 2025, the court held a trial on the father's
complaint for contempt. The father testified that the mother
failed to make any of the $13 per week payments and that she
failed to provide proof of her address. The mother refused to
answer the judge's questions about this. She stated that the
stipulation "was made also under duress," but described no
duress other than that the father had physical custody of the
children and she "was upset."2
1 The mother suggests in passing that she was not notified
of the April 26, 2023, hearing in which the judgment was
discussed. The docket sheet does not reflect her absence, and
it does not appear that the mother ordered a transcript of the
April 26, 2023, hearing. In any event, this is a matter that
could have been raised in a motion for relief from judgment.
2 The mother also testified that, despite having employment,
she had "no money to support myself and the children and give
[the father] 13." The mother makes no argument on appeal that
she was incapable of making the payment or providing proof of
address, and thus any such argument on appeal is waived. See
Tody's Serv., Inc. v. Liberty Mut. Ins. Co., 496 Mass. 197, 199
n.3 (2025). Moreover, she has failed to provide us with the
financial statements we would need to determine whether the
judge erred in implicitly finding that the mother was capable of
paying $13.00 per week. See Friedman v. Division of Admin. Law
Appeals, 103 Mass. App. Ct. 806, 821 (2024), quoting Lodigiani
v. Paré, 103 Mass. App. Ct. 140, 141 n.3 (2023) ("We stress that
it is an appellant's duty to produce an appendix containing all
portions of the record relevant to the issues raised on
appeal").
2
The mother argues that the stipulation should be
disregarded because it "was executed under duress." She did not
establish at trial that the stipulation was executed under
duress, which is defined as being "under the influence of such
fear as precludes [the signer] from exercising free will and
judgment." Biliouris v. Biliouris, 67 Mass. App. Ct. 149, 156
(2006), quoting Coveney v. President & Trustees of the College
of the Holy Cross, 388 Mass. 16, 22 (1983). See Okoli v. Okoli,
81 Mass. App. Ct. 371, 378 n.12 (2012) ("agreements were
invalidated due to duress only where one party held absolute and
preclusive control over an essential element of the divorce").
The terms were quite simple, and thus the mother's assertion
that she lacked "a meaning opportunity . . . to understand or
negotiate its terms" lacks credibility. The fact that she was
not provided with counsel does not invalidate the stipulation; a
parent is not entitled to appointed counsel in a custody dispute
with another parent, much less in a dispute over child support
payments and verification of a home address. See Ryan v.
Lovendale, 105 Mass. App. Ct. 564, 569 (2025).
Moreover, the mother was found in contempt not for
violating the stipulation, but for violating the judgment of the
court dated April 26, 2023. She could have challenged that
judgment by appealing it or by filing a motion for relief from
3
judgment. See Mass. R. Dom. Rel. P. 60 (b). She could not
simply disobey it, as "an attack on a judgment is not ordinarily
a defense to a charge of contempt for disobeying the judgment."
Banville v. Banville, 21 Mass. App. Ct. 951, 952 (1986). See
Commonwealth v. Wallace, 431 Mass. 705, 707 (2000). Until such
time -- if ever -- that she obtains relief from (or a
modification of) that judgment, she must obey it.
Judgment affirmed.
By the Court (Vuono,
Ditkoff & D'Angelo, JJ.3),
Clerk
Entered: March 6, 2026.
3 The panelists are listed in order of seniority.
4
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.