LaBrecque v. Parsons

A judge of the Probate and Family Court, acting on the father’s motion for summary judgment, dismissed the plaintiff mother’s complaint for modification of a divorce decree, in which she sought child support for the parties’ daughter. The mother appeals, contending that (1) the judge erred in grounding his dismissal on the daughter’s status as an unmarried mother; and (2) the facts material to a determination whether the daughter was dependent on the mother are disputed and summary judgment was improperly entered. We agree and vacate the judgment of dismissal.

*7671. Background. The record reflects…