Boulter-Hedley v. Boulter, 711 N.E.2d 596 (Mass. 1999). · Go Syfert
Boulter-Hedley v. Boulter, 711 N.E.2d 596 (Mass. 1999). Cases Citing This Book View Copy Cite
“a judge is not required to make an order for modification retroactive, but 'absent a specific finding that retroactivity would be contrary to the child's best interests, unjust, or inappropriate,' these factors should be considered”
59 citation events (59 in the last 25 years) across 6 distinct courts.
Strongest positive: Vanja Kojuharova v. Petar Stefanov. (massappct, 2025-07-24)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Vanja Kojuharova v. Petar Stefanov.
Mass. App. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the father has been paying less than would otherwise have been required under the guidelines, this 'necessarily implies that the child has been receiving insufficient support during the pendency of the complaint
examined Cited as authority (verbatim quote) Calabria v. Calabria
Mass. App. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
two central policies furthered by the massachusetts child support scheme are caring for the best interests of children, and ensuring that the taxpayers are secondary to the parents in meeting the financial needs of children
discussed Cited as authority (verbatim quote) P.F. v. Department of Revenue
Mass. App. Ct. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
e cannot read into a statute a provision which simply is not there
examined Cited as authority (verbatim quote) Cabot v. Cabot
Mass. App. Ct. · 2002 · quote attribution · 1 verbatim quote · confidence high
there is no statutory mandate that modification of support orders be given retroactive effect; the decision whether to give retroactive effect to such orders rests in the sound discretion of the judge
discussed Cited as authority (quoted) Suzie Pereira v. Michael Pereira.
Mass. App. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
whether to give retroactive effect to a modification order is a decision within the discretion of the judge
examined Cited as authority (quoted) M.K.C. v. K.G.C. (2×) also: Cited as authority (rule)
Mass. App. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence low
a judge is not required to make an order for modification retroactive, but 'absent a specific finding that retroactivity would be contrary to the child's best interests, unjust, or inappropriate,' these factors should be considered
discussed Cited as authority (rule) Stanley P. Jones v. Andrea D. Ridley.
Mass. App. Ct. · 2025 · confidence medium
See Department of Revenue v. C.M.J., 432 Mass. 69, 75 (2000). "[T]here is no statutory mandate that modification of support orders be given retroactive effect; the decision whether to give retroactive effect to such orders rests in the sound discretion of the judge." Boulter-Hedley v. Boulter, 429 Mass. 808, 809 (1999).
discussed Cited as authority (rule) Deepak Joglekar v. Neeta Kumari.
Mass. App. Ct. · 2025 · confidence medium
The wife claims the judge erred by failing to retroactively adjust her child support obligation for the period of her unemployment.4 "[T]here is no statutory mandate that modification of support orders be given retroactive effect; the decision whether to give retroactive effect to such orders rests in the sound discretion of the judge." Boulter- Hedley v. Boulter, 429 Mass. 808, 809 (1999).
discussed Cited as authority (rule) Victoria Elizabeth Lascom v. Matthew William Lascom.
Mass. App. Ct. · 2024 · confidence medium
"If the [husband] has been paying less than would otherwise have been required under the [g]uidelines, this 'necessarily implies that the child has been receiving insufficient support during the pendency of the complaint.'" Whelan, supra, quoting Boulter-Hedley v. Boulter, 429 Mass. 808, 812 (1999).
cited Cited as authority (rule) COMMONWEALTH v. KHALID KALILA.
Mass. App. Ct. · 2023 · confidence medium
See Nash, supra at 412; Commonwealth v. Dilworth, 485 Mass. 1001 , 1002 (2020); Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited as authority (rule) Voorhis v. Relle
Mass. App. Ct. · 2020 · confidence medium
Boulter-Hedley v. Boulter, 429 Mass. 808, 809-810 (1999).
cited Cited as authority (rule) Voorhis v. Relle
Mass. App. Ct. · 2020 · confidence medium
Boulter-Hedley v. Boulter, 429 Mass. 808, 809-810 (1999).
discussed Cited as authority (rule) Commonwealth v. Shelley (2×)
Mass. · 2017 · confidence medium
In any case, a juror’s potential disappointment with how a case might turn out is hardly a reason to read into our statutes provisions that simply are not there, see Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), or to upend our long tradition of how we treat a jury verdict in a criminal trial.
discussed Cited as authority (rule) Hoegen v. Hoegen (2×)
Mass. App. Ct. · 2016 · confidence medium
“A judge is not required to make an order for modification retroactive, but ‘absent a specific finding that retroactivity would *12 be contrary to the child’s best interest, unjust, or inappropriate,’ these factors should be considered.” Whelan, supra, quoting from Boulter-Hedley v. Boulter, 429 Mass. 808, 812 (1999).
discussed Cited as authority (rule) Ari Weitzner, M.D., P.C. v. Cynosure, Inc.
Mass. App. Ct. · 2014 · confidence medium
Appellate review of a judge’s exercise of such ancillary jurisdiction proceeds under the usual respectful standard of abuse of discretion; it tests for the presence of “whimsy, caprice, or arbitrary or idiosyncratic notions.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999) (citation omitted).
discussed Cited as authority (rule) Audubon Hill South Condominium Ass'n v. Community Ass'n Underwriters of America, Inc.
Mass. App. Ct. · 2012 · confidence medium
Ry., 235 Mass. 482, 496 (1920), or it may have the character of “whimsy, caprice, or arbitrary or idiosyncratic notions,” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), quoting from Bucchiere v. New England Tel. & Tel.
cited Cited as authority (rule) Prenaveau v. Prenaveau
Mass. App. Ct. · 2012 · confidence medium
For the same language, see Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
discussed Cited as authority (rule) Dahms v. Cognex Corp.
Mass. · 2009 · confidence medium
However, “[i]n assessing whether a judge has abused his discretion, ‘we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ ” Massachusetts Ass’n of Minority Law Enforcement Officers v. Abban, 434 Mass. 256, 266 (2001), quoting Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited as authority (rule) McCarthy v. Quirk Nissan, Inc.
Mass. Dist. Ct., App. Div. · 2009 · confidence medium
Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited as authority (rule) Rodriguez v. Alvelo
Mass. Dist. Ct., App. Div. · 2009 · confidence medium
Chan v. Chen, 70 Mass. App. Ct. 79, 84 (2007), quoting Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited as authority (rule) Whelan v. Whelan
Mass. App. Ct. · 2009 · confidence medium
Boulter-Hedley v. Boulter, 429 Mass. 808, 812 (1999).
cited Cited as authority (rule) Howe v. Tarvezian
Mass. App. Ct. · 2008 · confidence medium
Co., 396 Mass. 639, 642 (1986); Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).* 6 3.
cited Cited as authority (rule) Williams-White v. Orangeland Vistas, Inc.
Mass. Dist. Ct., App. Div. · 2008 · confidence medium
Boulter-Hedley v. Hedley, 429 Mass. 808, 811 (1999).
discussed Cited as authority (rule) Carter v. Lynn Housing Authority
Mass. · 2008 · confidence medium
If a tenant challenges the decision of a hearing officer in State court, the court must not “simply substitute [its] judgment for that of the judge, rather, [it] ask[s] whether the decision in question ‘rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ ” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), quoting Bucchiere v. New England Tel. & Tel.
discussed Cited as authority (rule) Rizzo v. Cotter
Mass. Dist. Ct., App. Div. · 2007 · confidence medium
We do not, of course, substitute our judgment for that of the trial judge, but ask whether the judge’s decision rests on “whimsy, caprice, or arbitrary or idiosyncratic notions.” Id., quoting Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), and citing Davis v. Boston Elevated Ry.
discussed Cited as authority (rule) Chiu Chung Chan v. Su Ru Chen
Mass. App. Ct. · 2007 · confidence medium
“In assessing whether a judge has abused his discretion, ‘we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ ” Massachusetts Assn. of Minority Law Enforcement Officers v. Abban, 434 Mass. 256, 266 (2001), quoting from Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
discussed Cited as authority (rule) Catledge v. Evans
Mass. App. Ct. · 2006 · confidence medium
The move is not in [the child’s] best interest.” When we decide whether a judge has abused her discretion, “we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question ‘rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ This standard gives great deference to a judge’s decision.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999) (citation omitted).
cited Cited as authority (rule) Mason v. Coleman
Mass. · 2006 · confidence medium
White v. Laingor, 434 Mass. 64, 68 (2001), quoting Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited as authority (rule) Cooper v. Cooper
Mass. App. Ct. · 2004 · confidence medium
Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
discussed Cited as authority (rule) Department of Revenue v. Mason M.
Mass. · 2003 · confidence medium
See also L.W.K. v. E.R.C., 432 Mass. 438, 445 (2000) (“both State and Federal law are explicit in providing for the broadest possible support of minor children by their parents”); Boulter-Hedley v. Boulter, 429 Mass. 808, 813 (1999).
cited Cited as authority (rule) Independent Bank Corp. v. Spence
Mass. Super. Ct. · 2003 · confidence medium
Boulter-Headley v. Boulter, 429 Mass. 808, 810 (1999); Shoolman v. Health Facilities Appeals Bd., 10 Mass.App.Ct. 799, 804 (1980).
discussed Cited as authority (rule) DiCarlo ex rel. DiCarlo 38 SS Realty Trust v. Ellsworth
Mass. Super. Ct. · 2002 · confidence medium
“While we should interpret statutes to give effect to the Legislature’s intent . . . and should construe related statutes to ‘constitute an harmonious whole consistent with the legislative purpose,’... we cannot read into a statute a provision which simply is not there.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), quoting Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liab.
discussed Cited as authority (rule) Massachusetts Ass'n of Minority Law Enforcement Officers v. Abban
Mass. · 2001 · confidence medium
In assessing whether a judge has abused his discretion, “we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question ‘rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ ” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), quoting Bucchiere v. New England Tel. & Tel.
cited Cited as authority (rule) White v. Laingor
Mass. · 2001 · confidence medium
The judge’s determination will be subject to review for “an abuse of discretion.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
discussed Cited as authority (rule) In re Bolduc
Mass. Dist. Ct., App. Div. · 2001 · confidence medium
While statutes must be interpreted to “constitute a harmonious whole consistent with the legislative purpose,” Police Dept. of Boston v. Fedorchuk, 48 Mass. App. Ct. 543, 547 (2000), quoting from Lukes v. Election Commrs. of Worcester, 423 Mass. 826, 829 (1996), “we cannot read into a statute a provision which simply is not there.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999).
cited Cited "see" Philip T. McNamara v. Sheena M. McNamara.
Mass. App. Ct. · 2023 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 811-812 (1999).
discussed Cited "see" THOMAS MICHAEL BONAPARTE & Another v. MICHELA DEVOTI. (2×)
Mass. App. Ct. · 2023 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808 , 809- 810 (1999). 6 The remand judge made the following subsidiary findings in support of her ultimate determination regarding retroactive 9 Hedley v. Boulter, 429 Mass. 808, 812 (1999) (judge denying request for retroactive modification of child support should make "specific finding that retroactivity would be . . . unjust, or inappropriate" under circumstances of case). 3.
cited Cited "see" Rosen v. Rosen
Mass. App. Ct. · 2016 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 813 (1999), citing G.
cited Cited "see" Adoption of Mariano
Mass. App. Ct. · 2010 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999); White v. Laingor, 434 Mass. 64, 68 (2001).
discussed Cited "see" Katzman v. Healy
Mass. App. Ct. · 2010 · signal: see · confidence high
See generally Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999) (discussing permissive but not mandatory authority pursuant to G.
cited Cited "see" Pierce v. Pierce
Mass. · 2009 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999). 1.
cited Cited "see" Adoption of Marlene
Mass. · 2005 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 812-813 (1999), citing G.
discussed Cited "see" Tietjen v. Wells
Mass. Super. Ct. · 2003 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999) (stating that court’s task is to interpret a statute to effectuate the intent of the Legislature).
discussed Cited "see" Petitto v. Petitto (2×)
Md. Ct. Spec. App. · 2002 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808 , 711 N.E.2d 596, 598 (1999) (noting that court has discretion in deciding whether “to give retroactive effect to a modification order....”); Department of Revenue v. Foss, 45 Mass.App.Ct. 452 , 698 N.E.2d 1285 (1998); Smith-Clarke v. Clarke, 44 Mass.App.Ct. 404 , 691 N.E.2d, 596 (1998) (rejecting modification of child support to a date prior to filing complaint for modification).
cited Cited "see" Baccanti v. Morton
Mass. · 2001 · signal: see · confidence high
See Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999), and cases cited.
discussed Cited "see, e.g." Capreal, Inc. v. United States (2×)
Fed. Cl. · 2011 · signal: see also · confidence low
See also Boulter-Hedley v. Boulter, 429 Mass. 808 , 711 N.E.2d 596, 598 (1999) (citations omitted) (“While we should interpret statutes to give effect to the Legislature’s intent and should construe related statutes to constitute [a] harmonious whole consistent with legislative purpose, we cannot read into a statute a provision which simply is not there.”) Defendant’s interpretation of the stab utes would require this Court to read into the acquisition statutes provisions that are not in the text of the statutes.
Retrieving the full opinion text from the archive…
Suzette Boulter-Hedley
v.
Robert Terry Boulter
Massachusetts Supreme Judicial Court.
Jun 24, 1999.
711 N.E.2d 596
Cynthia M. Sullivan for the plaintiff., Marcy Richmond (George P. Lordan, Jr., with her) for the defendant.
Ireland.
Cited by 50 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #45,370 of 633,719
Citer courts: Massachusetts Appeals Court (2)
Ireland, J.

The parties were divorced in 1989. They had one child, who was bom in 1983. As part of the divorce, the father was ordered to pay $85 per week in child support. In June, 1995, the mother filed a complaint for modification seeking an increase in support payments. A trial was held on the mother’s complaint in May, 1998. The judge modified the father’s child support obligations, but refused to make the modifications retroactive, citing a “lack of prosecution” by the mother.

The mother appealed and we transferred the matter to this[*809] court on our own motion. We are asked to decide whether G. L. c. 208, § 28, and G. L. c. 119A, § 13, when read together, mandate that all modifications of child support orders be given retroactive effect, absent a showing that such retroactive modification would be contrary to the child’s best interests, unjust, or inappropriate. In the alternative, if we find that the decision is discretionary, we are asked whether the judge abused his discretion in not ordering retroactive modification.

We conclude that there is no statutory mandate that modification of support orders be given retroactive effect; the decision whether to give retroactive effect to such orders rests in the sound discretion of the judge. However, because the judge did not explain his conclusion that there was a “lack of prosecution,” and because of the apparent absence from the record of facts which would provide a basis for this decision, the ruling gives the appearance of having been made arbitrarily. Therefore, the portion of the judgment denying retroactive effect to the modification order is vacated, and the matter is remanded to another Probate and Family Court judge for a determination whether retroactive modification is appropriate.[1]

I

We are first urged by the mother to find that the judge erred because G. L. c. 208, § 28, and G. L. c. 119A, § 13 (a), when read together, mandate that modification orders be given retroactive effect absent a specific finding by the judge that such a modification would be contrary to the child’s best interests, unjust, or inappropriate. In essence, the mother would have us read the relevant statutory language to create the rebuttable presumption that modifications are to be given retroactive effect. While we agree that the best interests of the child should be a significant factor in the judge’s decision, we decline to adopt the rule advanced by the mother.

Whether to give retroactive effect to a modification order is a[*810] decision within the discretion of the judge. See Department of Revenue v. Foss, 45 Mass. App. Ct. 452, 460 (1998). General Laws c. 119A, § 13 (a), deals with retroactive modification of support payments, and states, in relevant part:

“Any payment or installment of support under any child support order issued by any court of this commonwealth . . . shall be ... a judgment by operation of law . . . shall not be subject to retroactive modification except with respect to any period during which there is pending a complaint for modification, but only from the date that notice of such complaint has been given . . . .”

Nothing in the statute requires that modifications, be given retroactive effect. Rather, the statute empowers a judge to give such effect to a modification order. We decline to read the grant of discretionary authority contained in § 13 (a) as creating a presumption that modifications be given such effect.

It is urged by the mother that § 13 (a) must be read in conjunction with G. L. c. 208, § 28.[2] Section 28 prescribes a rebuttable presumption that the Child Support Guidelines (guidelines) apply to modifications. General Laws c. 119A, § 13 (c), also states that the guidelines presumptively establish the appropriate level of support, and that a judge who deviates from the guidelines must make the specific, statutorily mandated[*811] findings. It is the mother’s position that, unless the statutes are read together to mandate retroactivity, the Legislature’s intent that children receive support at levels set by the guidelines can be thwarted during the pendency of the modification action. While we should interpret statutes to give effect to the Legislature’s intent, Sterilite Corp. v. Continental Cas. Co., 397 Mass. 837, 839 (1986), and should construe related statutes to “constitute an harmonious whole consistent with the legislative purpose,” Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 585 (1981), we cannot read into a statute a provision which simply is not there.

The relevant portion of § 13 (a) is phrased as a prohibition against retroactive modification of support, “said judgment shall not be subject to retroactive modification,” which recognizes an exception, “except with respect to any period during which there is pending a complaint for modification.” This language grants permission to modify support retroactively, but does not command it. We find nothing in the relevant statutory language to indicate that the Legislature intended this permissive grant to be mandatory, and, therefore, we decline to attribute such a meaning to it. See Beach Assocs., Inc. v. Fauser, 9 Mass. App. Ct. 386, 389 (1980), and cases cited. See also West’s Case, 313 Mass. 146, 149 (1943) (court will not read requirement into statute which Legislature could easily have included).

n

We next review whether the judge’s exercise of his power under § 13 (a) was an abuse of his discretion. See Department of Revenue v. Foss, supra at 460. In deciding whether a judge has abused his discretion, we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question “rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.” Bucchiere v. New England Tel. & Tel. Co., 396 Mass. 639, 642 (1986). This standard gives great deference to a judge’s decision. See Long v. George, 296 Mass. 574, 578-579 (1937). That deference, however, is not without limit.

In concluding that there was a “lack of prosecution,” the judge cited the date the complaint was filed and the date of trial and stated that the mother had failed to prosecute the matter. Beyond noting these two dates, the judge did not explain how[*812] he reached his conclusion, did not explore the reasons for the delay, and did not consider whether these reasons, in fact, evidenced a lack of prosecution. The judge should have provided an explanation for his conclusion, both for the benefit of the parties, and to enable an appellate court effectively to review the ruling.

Determining responsibility for any delay in the progression of this case is for the Probate and Family Court to decide on remand. We note, however, that the record indicates a contentious discovery process with the mother’s alleging that the father refused to comply with discovery requests, and the father’s claiming that the mother’s requests were redundant and harassing. Moreover, a total of five motions to continue the trial date were filed in this matter, four by the mother and one by the father.[3] Given this history, the judge’s cursory conclusion that the delay in the process was attributable to the mother’s “lack of prosecution” appears to have been made arbitrarily. The matter is, therefore, remanded for further findings and a ruling by another judge on whether the modification order should be given retroactive effect.

HI

While we do not agree with the mother that modifications must be retroactive, absent a specific finding that retroactivity would be contrary to the child’s best interests, unjust, or inappropriate, we conclude that these are factors that the judge should take into consideration when making a decision.

A judicial determination that an obligor has been paying less than the guidelines require necessarily implies that the child has been receiving insufficient support during the pendency of the complaint. Pursuant to G. L. c. 119A, § 13 (a), a judge has the power to address such a deficiency. In exercising this discretionary power, judges should be guided by the policies behind the[*813] child support system. Two central policies furthered by the Massachusetts child support scheme are (1) caring for the best interests of children, and (2) ensuring that the taxpayers are secondary to the parents in meeting the financial needs of children. See G. L. c. 119A, §§ 1, 13 (c); G. L. c. 208, § 28; Child Support Guidelines. Consequently, in making such a decision a judge is to consider whether retroactive modification in a particular case would be consistent with these policies. The judge is also to consider whether a modification would be unjust to either the child or the obligor, and whether it would be inappropriate in the circumstances to make a retroactive modification. If the arrears found under a retroactive modification have been unreasonably increased due to a delay resulting from a lack of prosecution, then the lack of prosecution would be a relevant consideration in deciding whether the award of a retroactive modification is unjust.

IV

The portion of the judgment concerning retroactive modification of the support order is vacated and the matter is remanded to the Probate and Family Court. On remand, another judge of that court shall hold a hearing consistent with this opinion to determine whether retroactive modification is appropriate.

So ordered.

1

On March 29, 1999, the judge issued an amended modification judgment. This judgment again declined to give retroactive effect to the modification citing as the reason the mother’s purported failure to prosecute the complaint. Moreover, the judge ruled that he had committed “no abuse of discretion by . . . refusing to make a revised support order retroactive to the date of the filing of the Complaint for Modification.” Where the judge has already reached this conclusion, it is appropriate that on remand the matter be considered by another judge.

2

Section 28 reads in part: “Upon a complaint after a divorce, filed by either parent ... the court may make a judgment modifying its earlier judgment as to the care and custody of the minor children of the parties provided that the court finds that a material and substantial change in the circumstances of the parties has occurred and the judgment of modification is necessary in the best interests of the children. In furtherance of the public policy that dependent children shall be maintained as completely as possible from the resources of their parents . . . orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines .... There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child.”

3

The mother filed her motions on May 12, 1997, July 25, 1997, November 25, 1997, and February 25, 1998. The father assented to the November 25, 1997, motion. The mother provided reasons for each of her motions, and all were allowed by various judges. The May 12, 1997, motion was based on the mother’s attorney’s illness; the July 25, 1997, motion was due to a scheduling conflict with the mother’s attorney; the assented to motion of November 25, 1997, was due to the mother being out of State on the trial date; the February 25, 1998, motion was based on the father’s alleged failure to comply fully with discovery requests. The father also filed a motion to continue which was denied on May 22, 1998.