Perrotta v. Perrotta

335 Mass. 764

Opinion

Decree affirmed with costs and expenses of the appeal to be allowed to the petitioner or her counsel in the discretion of the Probate Court. This is an appeal from a decree of the Probate Court which modified a decree for separate support, G. L. (Ter. Ed.) c. 209, § 32, as amended, by increasing the amount to be paid the petitioner for the support of the petitioner and a minor child. Section 32 provides that the court may revise and alter an order made under it or make a new order or decree, “as the circumstances of the parents or the benefit of the children may require.” The evidence is not reported but we have a report of material facts by the judge. Without reciting these findings in detail, we are of opinion that enough appears in the report of material facts to warrant a finding that in the circumstances of this case a modification of the original decree was justified. Whitney v. Whitney, 325 Mass. 28.