Legal Opinion

Matter of Jose R. v. Yvette-Ortiz M.

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

Decided December 2, 2014No. 13633Published

1Opinion of the Court

Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about April 19, 2013, which denied petitioner father’s objection to the Support Magistrate’s January 18, 2013 order dismissing his petition seeking child support from respondent mother, unanimously affirmed, without costs.

The mother met her burden of showing that she should be relieved of her support obligation, because the parties’ 18-year-old son was constructively emancipated (see Matter of Jurgielewicz v Johnston, 114 AD3d 945 [2d Dept 2014]; cf Schneider v Schneider, 116 AD2d 714 [2d Dept 1986]). The record…

2Cases cited5 opinions

  1. In re Roe v. DoeNew York Court of Appeals · 1971
  2. Chamberlin v. ChamberlinAppellate Division of the Supreme Court of the State of New York · 1997
  3. Schneider v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1986
  4. Jurgielewicz v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2014
  5. O'Sullivan v. KatzAppellate Division of the Supreme Court of the State of New York · 2011

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