Legal Opinion

Mark D. v. Brenda D.

New York Supreme Court

Decided March 2, 2010Published

1Opinion of the Court

OPINION OF THE COURT

Anthony J. Falanga, J.

This is a post-judgment-of-divorce application by the plaintiff (hereafter husband) for an order relieving him of his obligation to pay child support on the ground that the parties’ daughter has constructively abandoned him.

The law on emancipation was set forth by the Appellate Division, Second Department, in Matter of Guevara v Ubillus (47 AD3d 715, 715-716 [2008]) on January 15, 2008, as follows:

“It is fundamental public policy in New York that parents of minor children are responsible for their children’s support until age 21 (see Family Ct Act §…

2Cases cited16 opinions

  1. Boden v. BodenNew York Court of Appeals · 1977
  2. Merl v. MerlNew York Court of Appeals · 1986
  3. In re Roe v. DoeNew York Court of Appeals · 1971
  4. Alice C. v. Bernard G. C.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Parker v. StageNew York Court of Appeals · 1977

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