Cedeno v. Knowlton

Citation951 N.Y.S.2d 412,98 A.D.3d 1257,2012 N.Y. Slip Op. 06418
PartiesIn the Matter of Jose CEDENO, Petitioner–Appellant, v. Bonnie KNOWLTON, Respondent–Respondent.
Decision Date28 September 2012
CourtNew York Supreme Court Appellate Division

OPINION TEXT STARTS HEREAppeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered April 25, 2011 in a proceeding pursuant to Family Court Act article 4. The order denied the objections *413of petitioner to the order of the Support Magistrate.

Thomas N. Martin, Rochester, for PetitionerAppellant.

MEMORANDUM:

Contrary to petitioner father's contention, Family Court properly denied his objections to the Support Magistrate's order that, after a hearing, determined that the parties' child was not emancipated and continued the father's child support obligation until the child turned 21 years of age. “A parent is obligated to support his or her child until the age of 21 ( seeFamily Ct. Act § 413) unless the child becomes emancipated, which occurs once the child becomes economically independent through employment and is self-supporting” (Matter of Smith v. Smith, 85 A.D.3d 1188, 1188, 927 N.Y.S.2d 120;see Matter of Drumm v. Drumm, 88 A.D.3d 1110, 1112–1113, 931 N.Y.S.2d 180;Matter of Burr v. Fellner, 73 A.D.3d 1041, 1041–1042, 900 N.Y.S.2d 656;Matter of Thomas B. v. Lydia D., 69 A.D.3d 24, 28, 886 N.Y.S.2d 22). Here, although the parties' child worked on a full-time basis and filed individual income tax returns, the fact that respondent mother continued to pay for the child's food, gas, and cell phone demonstrates that the child was not economically independent and self-supporting ( see Drumm, 88 A.D.3d at 1113, 931 N.Y.S.2d 180;Smith, 85 A.D.3d at 1188–1189, 927 N.Y.S.2d 120;Thomas B., 69 A.D.3d at 31, 886 N.Y.S.2d 22;cf. Matter of Lowe v. Lowe, 67 A.D.3d 682, 683, 888 N.Y.S.2d 163;Matter of Fortunato v. Fortunato, 242 A.D.2d 720, 721, 662 N.Y.S.2d 579).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

SCUDDER, P.J., FAHEY, LINDLEY, SCONIERS, and MARTOCHE, JJ., concur.

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7 cases
  • Oneida Cnty. Dep't of Soc. Servs. ex rel. Christman v. Christman
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Febrero 2015
    ...his or her child until the age of 21 (see Family Ct. Act § 413 ) unless the child becomes emancipated’ ” (Matter of Cedeno v. Knowlton, 98 A.D.3d 1257, 1257, 951 N.Y.S.2d 412 ), and that “[t]he Legislature has imposed a statutory duty upon parents to support their children who are welfare r......
  • Schmitt v. Schmitt
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Junio 2013
    ...that the parties' third eldest child was emancipated during the time she resided with plaintiff in 2011 ( cf. Matter of Cedeno v. Knowlton, 98 A.D.3d 1257, 1257, 951 N.Y.S.2d 412;Matter of Gold v. Fisher, 59 A.D.3d 443, 444, 873 N.Y.S.2d 139). Although the child in question worked two jobs ......
  • Melgar v. Melgar
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Octubre 2015
    ...that age where “ ‘the child becomes economically independent through employment and is self-supporting’ ” (Matter of Cedeno v. Knowlton, 98 A.D.3d 1257, 1257, 951 N.Y.S.2d 412 ; see Matter of Smith v. 132 A.D.3d 1294Smith, 85 A.D.3d 1188, 1188, 927 N.Y.S.2d 120 ). “The fact that a child may......
  • Oneida Cnty. Dep't of Soc. Servs. ex rel. Christman v. Christman
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Febrero 2015
    ...his or her child until the age of 21 ( see Family Ct. Act § 413) unless the child becomes emancipated’ ” ( Matter of Cedeno v. Knowlton, 98 A.D.3d 1257, 1257, 951 N.Y.S.2d 412), and that “[t]he Legislature has imposed a statutory duty upon parents to support their children who are welfare r......
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