Raymond T. Boschetto v. Cindy M. Boschetto

Syllabus

The plaintiff, Raymond Boschetto, appealed from an amended decision pending entry of final judgment terminating his marriage to the defendant, Cindy Boschetto, on the grounds of irreconcilable differences. On appeal, the plaintiff challenged the trial justice's assignment of certain assets as well as her determination of the amount of his child support obligation. The Supreme Court upheld all of the trial justice's assignments of assets as well as her determination of the amount of the plaintiff's child support obligation. Specifically, the Supreme Court held that the trial justice properly followed the language of the parties' premarital agreement when she evenly divided the contributions the defendant and her employer made to her 401K account since the marriage began between the parties and did not allocate any of the appreciation in value of the account to the plaintiff. The Court also held that the trial justice did not abuse her discretion with respect to her allocations between the parties of the defendant's other investment account, the parties' joint bank account, and the parties' individual bank accounts. In addition, the Court held that the trial justice did not abuse her discretion when she found the plaintiff's earning capacity to be higher than what he had earned from his immediate employment based on past years of personal income tax returns and corporate tax returns related to his solely-owned business. Accordingly, the Supreme Court affirmed the judgment of the Family Court.