D'AVELLA v. McGONIGLE


429 Mass. 820 (1999)

JAMES D'AVELLA v. THERESA MCGONIGLE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 25, 1999.


Attorney(s) appearing for the Case

Beverly Coles-Roby, Assistant Attorney General, for the Department of Revenue.

Cathy A. Marino for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


IRELAND, J.

We are asked to recognize impossibility of performance as an exception to the statutory prohibition against the retroactive modification of support orders found in G. L. c. 119A, § 13 (a). We conclude that the statute as written does not provide such an exception, and decline to establish one. Consequently, we affirm the ruling of the Probate and Family Court judge.

I

James D'Avella (father) and Theresa McGonigle (mother)...

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