Legal Opinion

Davies v. Davies

New York Family Court

Decided June 12, 1946PublishedCited by 5 opinions

1Opinion of the CourtPanken, J.

-An order issuing out of this court, requiring a person to contribute to the support of another person, unless he is chargeable under law with the support of that person, is unsupportable. That would be insupportable even though the order was made after a hearing had before a court assuming jurisdiction.

The basis upon which a woman is entitled to support from a man is that there is the conventional relationship of husband and wife. When that relationship does not exist, or, having existed, ceases, this court has not the power to provide for the support of a woman by its order. Under section…

2Cases cited2 opinions

  1. Merritt v. MerrittAppellate Division of the Supreme Court of the State of New York · 1940
  2. Marianacci v. MarianacciNew York Family Court · 1937

3Cited by5 opinions

  1. Martin v. MartinNew York City Family Court · 1968
  2. Glass v. GlassNew York City Family Court · 1968
  3. Carle v. CommissionerUnited States Tax Court · 1970
  4. Carle v. CommissionerUnited States Tax Court · 1970
  5. Thomas v. ThomasNew York City Family Court · 1966

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