Boulter-Hedley v. Boulter

The parties were divorced in 1989. They had one child, who was bom in 1983. As part of the divorce, the father was ordered to pay $85 per week in child support. In June, 1995, the mother filed a complaint for modification seeking an increase in support payments. A trial was held on the mother’s complaint in May, 1998. The judge modified the father’s child support obligations, but refused to make the modifications retroactive, citing a “lack of prosecution” by the mother.

The mother appealed and we transferred the matter to this *809court on our own motion. We are asked to decide whether G. L. c.…