In the Matter of Kristen Turnow v. Iii
| Decision Date | 31 May 2011 |
| Citation | 924 N.Y.S.2d 292,2011 N.Y. Slip Op. 04688,84 A.D.3d 1385 |
| Parties | In the Matter of Kristen TURNOW, respondent,v.Albert STABILE III, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERECourten & Villar, PLLC, Hauppauge, N.Y. (Dorothy A. Courten of counsel), for appellant.Patricia Blake P.C., East Moriches, N.Y., for respondent.Catherine C. DeSanto, Riverhead, N.Y., attorney for the children.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Lynaugh, J.), dated August 2, 2010, which, after a hearing, in effect, denied his motion to terminate his child support obligation based on the constructive emancipation of the parties' two children.
ORDERED that the order is affirmed, without costs or disbursements.
It is fundamental public policy in New York that parents are responsible for their children's support until age 21 ( see Family Ct. Act § 413; Matter of Roe v. Doe, 29 N.Y.2d 188, 192–193, 324 N.Y.S.2d 71, 272 N.E.2d 567; Matter of Gold v. Fisher, 59 A.D.3d 443, 444, 873 N.Y.S.2d 139). Nevertheless, under the doctrine of constructive emancipation, “a child of employable age who actively abandons the noncustodial parent by refusing all contact and visitation” may forfeit any entitlement to support ( Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97, 109, 602 N.Y.S.2d 623; see Matter of Burr v. Fellner, 73 A.D.3d 1041, 1041, 900 N.Y.S.2d 656). However, “[a] child's reluctance to see a parent is not abandonment, relieving the parent of any support obligation” ( Radin v. Radin, 209 A.D.2d 396, 396, 618 N.Y.S.2d 105; see Kordes v. Kordes, 70 A.D.3d 782, 783, 893 N.Y.S.2d 633). Moreover, “ ‘[t]he burden of proof as to emancipation is on the party asserting it’ ” ( Matter of Gold v. Fisher, 59 A.D.3d at 444, 873 N.Y.S.2d 139, quoting Schneider v. Schneider, 116 A.D.2d 714, 715, 498 N.Y.S.2d 23).
Here, the Family Court's determination that the father failed to meet his burden of establishing that his children were constructively emancipated is supported by the record. In this regard, the record demonstrates that the father's own behavior was the primary cause of the deterioration in his relationship with both children ( see Kordes v. Kordes, 70 A.D.3d at 783, 893 N.Y.S.2d 633, Matter of Gold v. Fisher, 59 A.D.3d at 444, 873 N.Y.S.2d 139; Radin v. Radin, 209 A.D.2d at 396, 618 N.Y.S.2d 105). Accordingly, the Family Court...
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