Sevrie v. Sevrie
| Decision Date | 09 May 1977 |
| Citation | 394 N.Y.S.2d 389,90 Misc.2d 321 |
| Court | New York Family Court |
| Parties | In the Matter of Delia SEVRIE, Petitioner, v. Louis SEVRIE, Respondent. |
This is a proceeding brought pursuant to Section 415 of the Family Court Act by Delia Lee Sevrie to compel her natural father, Louis Sevrie, to contribute to her support. The Rensselaer County Department of Social Services is interested in this matter due to the fact that the petitioner has applied for public assistance for herself and her illegitimate child. The facts of the case are simply stated. The petitioner is a twenty year old daughter of the respondent by the respondent's first wife. When this marriage was terminated by decree of divorce dated April 27, 1956, the respondent was ordered to pay $10.00 per week for the support and maintenance of the infant issue of the marriage. It appears that for more than a decade, the respondent has paid no support to these children and indeed no demand for such support was made upon him. The record indicates that the petitioner left her mother's home, set up her own residence and acquired gainful employment with a local attorney. The petitioner subsequently became pregnant and gave birth to a child out-of-wedlock. As previously stated, the petitioner's application for public assistance is presently pending, and the Rensselaer County Department of Social Services is seeking future reimbursement, at least in part, for any funds subsequently extended to support the petitioner.
In a memorandum of law furnished to the court, counsel for the said Department of Social Services argued that the petitioner was not shown to be an emancipated child and, therefore, the respondent was still liable for her support until she reached age twenty-one. Counsel further argued that should the court find the petitioner to be emancipated, the case of Wayne County Department of Social Services v. Schultz, 81 Misc.2d 603, 366 N.Y.S.2d 845, compels a holding that emancipation is personal as between the parties and does not shift the responsibility to support the child from the parent to the public when the child is receiving public assistance. It is clear to this court that the record in this case is insufficient to warrant a finding that the child is emancipated. It is well settled that emancipation must be...
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Moe v. Dinkins
...parent and child, or by unilateral action of the parent. Emancipation is not within the sole power of the child. Sevrie v. Sevrie, 90 Misc.2d 321, 394 N.Y.S.2d 389 (Fam.Ct.1977); Bates v. Bates, 62 Misc.2d 498, 310 N.Y.S.2d 26 (Fam.Ct.1970). Further, emancipation is generally applied to tho......
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Columbia County Dept. of Social Services ex rel. William O v. Richard O
...of petitioner a desire to return home (see, Craig v. Craig, 24 A.D.2d 588, 589, 262 N.Y.S.2d 398; Matter of Sevrie v. Sevrie, 90 Misc.2d 321, 323, 394 N.Y.S.2d 389). Notably, the record does not indicate that William himself made any overt attempts to seek respondents' permission to return ......
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Rockland County Dept. of Social Services v. Alexander
...613. Further, the courts have held that the liability imposed by § 415 of the Family Court Act is discretionary. Matter of Sevrie v. Sevrie, 90 Misc.2d 321, 394 N.Y.S.2d 389, Matter of Sugarman v. Burns, supra (see also Family Court Act § It is also clear from a review of § 415 of the Famil......
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Bylow, Matter of
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