D'Avella v. McGonigle

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) were married in 1981. They had one child, who was bom in 1983. In 1986, the mother filed a complaint for divorce. On *821December 7, 1987, a temporary order was entered requiring…