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FEINBERG v. DIAMANT

378 Mass. 131 (1979)

389 N.E.2d 998

BARRY M. FEINBERG vs. MARILYN C. DIAMANT.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1979.

Attorney(s) appearing for the Case

Benjamin W. Corey (Edward Casey with him) for the defendant.

David J. Granovsky for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

In this case we are asked to decide whether a divorced parent can be compelled to contribute to the support of his mentally incapacitated adult child and, if so, whether the Probate Court has jurisdiction to issue the support order pursuant to G.L.c. 208, § 28.1 We conclude that a divorced parent can be so compelled, if he is financially capable of meeting the burden. We...

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