In the Matter of Patricia J. Smith v. Smith

CourtNew York Supreme Court Appellate Division
Citation2011 N.Y. Slip Op. 05716,927 N.Y.S.2d 120,85 A.D.3d 1188
PartiesIn the Matter of Patricia J. SMITH, respondent,v.Charles J. SMITH, appellant.
Decision Date28 June 2011

85 A.D.3d 1188
927 N.Y.S.2d 120
2011 N.Y. Slip Op. 05716

In the Matter of Patricia J. SMITH, respondent,
v.
Charles J. SMITH, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 28, 2011.


[927 N.Y.S.2d 120]

John A. Reno, Deer Park, N.Y., for appellant.

[927 N.Y.S.2d 121]

Sallah Law Firm, P.C., Holtsville, N.Y. (Dean J. Sallah of counsel), for respondent.WILLIAM F. MASTRO, J.P., ARIEL E. BELEN, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.

[85 A.D.3d 1188] In a support proceeding pursuant to Family Court Act article 4, the husband appeals from an order of the Family Court, Suffolk County (Hoffmann, J.), dated May 5, 2010, which denied his objections to an order of the same court (Joseph–Cherry, S.M.), dated March 8, 2010, which, after a hearing, granted the wife's petition for awards of child support and spousal support.

ORDERED that the order is affirmed, with costs.

Contrary to the husband's contention, the Family Court properly denied his objections to the Support Magistrate's order. The record supports the Support Magistrate's determination that the parties' son was not emancipated. A parent is obligated to support his or her child until the age of 21 ( see Family Ct. Act § 413) unless the child becomes emancipated, which occurs once the child becomes economically independent through employment and is self-supporting ( see Matter of Thomas B. v. Lydia D., 69 A.D.3d 24, 886 N.Y.S.2d 22). In the present case, although the parties' son worked full-time, paid for his own car insurance, and paid for his own cell phone, the fact that his mother still paid for his food, shelter, clothing, and health and dental insurance, demonstrates that he was not economically independent of his parents ( see Matter of Thomas B. v. Lydia D., 69 A.D.3d 24, 886 N.Y.S.2d 22; Matter of Bogin v. Goodrich, 265 A.D.2d 779, 696 N.Y.S.2d 317; cf. [85 A.D.3d 1189] Matter of Lowe v. Lowe, 67 A.D.3d 682, 888 N.Y.S.2d 163; Matter of Fortunato v. Fortunato, 242 A.D.2d 720, 662 N.Y.S.2d 579).

The award of $200 per month is a fair and reasonable sum for the support of the wife based on her needs and the husband's means ( see Matter of Nisita v. Nisita, 81 A.D.3d 832, 916 N.Y.S.2d 815; Matter of Shreffler v. Shreffler, 283 A.D.2d 679, 724 N.Y.S.2d 121; Polite v. Polite, 127 A.D.2d 465, 511 N.Y.S.2d 275).

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8 cases
  • Lueders v. Boma–lueders
    • United States
    • New York Supreme Court Appellate Division
    • June 28, 2011
    ...at 1023, 922 N.Y.S.2d 449; Payne v. Payne, 4 A.D.3d 512, 513, 771 N.Y.S.2d 714; Viner v. Viner, 291 A.D.2d 398, 737 N.Y.S.2d 379). [927 N.Y.S.2d 120] Here, the record reveals that more than one week before the scheduled trial date of August 10, 2009, the defendant, who was not represented b......
  • Melgar v. Melgar
    • United States
    • New York Supreme Court Appellate Division
    • October 2, 2015
    ...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. Smith, 85 A.D.3d 1188, 1188, 927 N.Y.S.2d 120). “The fact that a child may work full time is not determinative, as a child cannot be deemed economically independent if he......
  • Cedeno v. Knowlton
    • United States
    • New York Supreme Court Appellate Division
    • September 28, 2012
    ...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......
  • Vayner v. Tselniker
    • United States
    • New York Supreme Court Appellate Division
    • January 11, 2023
    ..."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 Monti v. DiBedendetto, 151 A.D.3d at 865, 56 N.Y.S.3d 544 ). "The fact that a child may work full time is not......
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