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CLARK v. BARBA

No. 93-P-979.

37 Mass. App. Ct. 322 (1994)

640 N.E.2d 476

SANDRA ANN CLARK vs. KENNETH R. BARBA, administrator.

Appeals Court of Massachusetts, Hampden.

September 23, 1994.

Attorney(s) appearing for the Case

Stephen Ferrarone for the plaintiff.

Kenneth R. Barba for the defendant.

Present: DREBEN, KAPLAN, & LAURENCE, JJ.

DREBEN, J.

Subsequent to a divorce judgment, a "temporary judgment of modification" transferred physical custody of the parties' three minor children from their father to their mother. The father died two months later. No change in the child support order was made prior to the father's death. The question presented in this appeal is whether the probate judge, in these circumstances, could modify the child support...

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