Massachusetts Supreme Judicial Court

Suzette Boulter-Hedley v. Robert Terry Boulter

June 24, 1999429 Mass. 808

Summary

The court held that Massachusetts law does not require child-support modifications to operate retroactively; whether to make a modification retroactive rests in the trial judge's discretion. The court nevertheless vacated the denial of retroactivity because the judge inadequately explained the finding of lack of prosecution and the record appeared insufficient to support it. The matter was remanded for a different judge to determine whether retroactive modification was appropriate, considering the child's interests, fairness, and the circumstances of the delay.