Winternitz v. Winternitz

This is an appeal from a judgment eliminating a husband’s support obligations. The wife claims that the Probate Court lacked jurisdiction over her person and that the trial judge erred in allowing modification because there had been no material change in the parties’ circumstances. Although we think that the substantive question raised on appeal is susceptible to disposition with brief discussion, we first must pause to elaborate on the wife’s claim that the Probate Court lacked personal jurisdiction over her.

The parties were divorced in 1966. The decree of divorce nisi awarded custody of the…