Elkins v. Kokocinski

This matter comes before us by way of an expedited appeal of the trial court’s allowance of defendant’s motion to dismiss plaintiffs complaint for unpaid child support which allegedly accrued prior to June 1972.

Plaintiff and Donald Elkins [hereinafter “decedent”] were married on February 23, 1952, and they were divorced on October 24, 1964 in the Worcester Probate Court. Plaintiff and decedent had two minor children who were 9 and 10 years of age respectively at the time of the divorce. The divorce decree ordered decedent to pay plaintiff $40.00 per week for "... her support and that of the…