Department of Social Services ex rel. Daniel P. v. Robert B.

OPINION OF THE COURT

Norman Feiden, J.

The facts in this case are not in dispute. The question of law with which the court is presented is whether or not the commencement of a divorce proceeding against the child’s mother terminates the stepfather’s duty to pay support for the stepchild, pursuant to a prior court order directing him to pay support for the child, who is placed in the custody of a State agency. The original order was made when the parties were married and was on the consent of the stepfather.

Clearly, a stepparent is required to furnish support for a stepchild placed in the…