Feinberg v. Diamant

In this case we are asked to decide whether a divorced parent can be compelled to contribute to the support of his mentally incapacitated adult child and, if so, whether the Probate Court has jurisdiction to issue the support order pursuant to G. L. c. 208, § 28. We conclude that a divorced parent can be so compelled, if he is financially capable of meeting the burden. We also conclude that the Probate Court has jurisdiction to issue the order, however not under G. L. c. 208, § 28, but, rather, pursuant to its general equity powers or powers to decide all matters relative to persons placed…