Leggett v. Popolizio

Decision Date01 April 1977
Docket NumberNo. 99143,99143
Citation34 Conn.Supp. 281,388 A.2d 1192
PartiesWillie LEGGETT, Jr. v. Anne C. POPOLIZIO et al.
CourtConnecticut Court of Common Pleas

Alan E. Silver, New Haven, for plaintiff.

Carl R. Ajello, Atty. Gen. and Michael A. Arcari, Asst. Atty. Gen., for defendants.

ALLEN, Judge.

The plaintiff and his wife, Barbara Leggett, separated in December, 1973. In March of 1975 the plaintiff's wife gave birth to the illegitimate child of another man. She applied to the welfare department for assistance under the aid to families with dependent children (AFDC) program. Pursuant to General Statutes § 17-2a a hearing was held. The hearing officer awarded her $222.80 monthly, half for herself and half for her child. The welfare department decided that the plaintiff husband was obligated to contribute $111.40 per month for the support of his wife.

The sole question to be decided in this memorandum is whether a husband is legally liable to contribute toward the support of his wife when she is receiving funds under the aid to families with dependent children program and the child in question is the illegitimate child of another man.

The plaintiff makes the argument that his wife is not a recipient of state assistance. He claims that the full amount of $222.80 per month payable to his wife is for the support of the illegitimate child only. The court does not agree. According to the case of Peterson v. Norton, 395 F.Supp. 1351, 1353 (D.Conn.), "under 42 U.S.C. § 406(b) a needy mother of a child on AFDC is awarded benefits pursuant to a determination of her overall needs, not simply as those needs relate to the child's." The court is of the opinion that a needy caretaker, such as the plaintiff's wife during the period in question, is eligible for AFDC assistance if the caretaker has a needy and dependent child. The needs of the caretaker are separate and independent of the child's needs. Thus the full award of monthly AFDC assistance to a mother and her child is not in fact support for the child.

Section 17-82e of the General Statutes makes the husband a relative liable for the support of his wife and children receiving AFDC assistance. Sections 52-442, 52-442a, 52-442b and 52-442c of the General Statutes make the putative father liable for the support of his child. Section 53-304 of the General Statutes makes the husband liable for the support of his wife and children. If under § 53-304 a husband or a father of an out-of-wedlock child is without legal justification for neglecting or refusing to furnish reasonable support for a wife and/or child as the case may be, § 53-304 designates such husband and such father as the primary source of support.

The legislative policy of support reflected in the...

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1 cases
  • Edge v. Commissioner of Welfare
    • United States
    • Court of Common Pleas of Connecticut
    • 24 Abril 1978
    ...brief relies heavily on that decision. The brief is an almost verbatim copy of a brief filed in another case, Leggett v. Popolizio, 34 Conn.Sup. 281, 388 A.2d 1192. The issue in that case was apparently whether the wife of the plaintiff was the recipient of state aid, and whether the entire......

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