Friday, February 13, 2015

CHILD SUPPORT - CONSTRUCTIVE EMANCIPATION

When the non-custodial parent/child relationship deteriorates, with respect to child support, constructive emancipation comes into play - a concern for the custodial parent and the child:

Matter of Jose R. v Yvette-Ortiz M., 2014 NY Slip Op 08371, Decided on December 2, 2014,
Appellate Division, First Department:

"The mother met her burden of showing that she should be relieved of her support
obligation, because the parties' 18-year-old son was constructively emancipated (see
Matter of Jurgielewicz v Johnston, 114 AD3d 945 [2d Dept 2014]; cf Schneider v
Schneider, 116 AD2d 714 [2d Dept 1986]). The record shows that in the months before
this proceeding was commenced, and throughout the following year, the son refused to
speak with the mother without explanation. During the same period, the mother made
efforts to maintain a relationship with him, calling him and sending letters and cards, but
he would not respond. There is no evidence that it was the mother that caused the
deterioration in the relationship (see Matter of Roe v Doe, 29 NY2d 188, 194 [1971];
Matter of Chamberlin v Chamberlin, 305 AD2d 595 [3d Dept 1997]; compare O'Sullivan
v Katz, 81 AD3d 480 [1st Dept 2011])."

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