Clark v. Barba

Subsequent to a divorce judgment, a “temporary judgment of modification” transferred physical custody of the parties’ three minor children from their father to their mother. The father died two months later. No change in the *323child support order was made prior to the father’s death. The question presented in this appeal is whether the probate judge, in these circumstances, could modify the child support provisions of the judgment of divorce after the death of the father. A judge of the Probate Court thought he could not and denied the mother’s complaint for modification.2 While older cases,…