Legal Opinion

Montayre v. Montayre

New York Supreme Court

Decided August 21, 1940PublishedCited by 2 opinions

1Opinion of the CourtFennelly, J.

There is no common-law obligation for a stepfather to support stepchildren. (Matter of Ackerman, 116 N. Y. 654.) The statutory authority conferred upon the court in actions for divorce or separation to require the husband to provide for the support of his children before final judgment is limited to the issue of the marriage. (Civ. Prac. Act, § 1169; Wood v. Wood, 61 App. Div. 96, 99.) This has not been changed by section 125 of the *203Public Welfare Law, which provides that stepparents shall be responsible for the support of minor stepchildren providing the child is a recipient of public relief…

2Cases cited2 opinions

  1. Wood v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
  2. In Re the Accounting of AckermanNew York Court of Appeals · 1889

3Cited by2 opinions

  1. Peake v. PeakeNew York Family Court · 1954
  2. Santora v. SantoraNew York Family Court · 1950

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