In re the Estate of Smith

*620OPINION OF THE COURT

Michael A. Telesca, J.

At issue is the question of apportionment of the proceeds of a wrongful death action between the divorced parents of their deceased 18-year-old son. The amount of the settlement ($12,-000) is not objected to. The only persons entitled to share in the recovery are the divorced parents.

The deceased was residing with his mother (the petitioner) and was paying her $25 for weekly room and board and thus, the mother claims total pecuniary loss is hers. The father claims that he was contributing to his son’s support in the amount of $17.50 per week, that he…