Legal Opinion

Burns v. Ross

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2005PublishedCited by 3 opinions

1Opinion of the CourtMugglin, J.

Appeal from an order of the Family Court of Madison County (McDermott, J.), entered March 29, 2004, which, inter alia, dismissed respondent’s application, in three proceedings pursuant to Family Ct Act article 4, to modify a prior order of child support.

Respondent makes three arguments on appeal, only one of which we find meritorious. First, we reject his assertion that he need not pay child support for his college-age daughter because of the doctrine of constructive emancipation. Respondent failed to sustain his burden of proof on this issue (see Matter of Adamchick v Adamchick, 136 AD2d…

2Cases cited5 opinions

  1. In re Roe v. DoeNew York Court of Appeals · 1971
  2. Winnert-Marzinek v. WinnertAppellate Division of the Supreme Court of the State of New York · 2002
  3. Columbia County Department of Social Services ex rel. William O. v. Richard O.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Donnelly v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Adamchick v. AdamchickAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by3 opinions

  1. Stabley v. Caci-StableyAppellate Division of the Supreme Court of the State of New York · 2009
  2. BAKER, DAWN L. v. BAKER, JEFFREY P.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Robinson v. ThomasAppellate Division of the Supreme Court of the State of New York · 2018

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