New York Family Law Blog
A New York Family Lawyer said that, in a proceeding pursuant to CPLR article 78 inter alia to review a determination of the appellant State Commissioner, dated March 14, 1975 and made after a fair hearing, which affirmed an order of the local agency denying petitioner’s application for public assistance on behalf of herself and her then unborn child, the appeal, as limited by appellant’s brief, is from so much of a judgment of the Supreme Court, Nassau County, entered April 30, 1976, as (1) annulled that portion of the determination which denied petitioner’s application for public assistance on her own behalf and (2) ordered the County Commissioner to conduct further investigation to determine, on the basis of her income and financial resources, petitioner’s eligibility for assistance on her own behalf.
A New York Custody Lawyer said that, petitioner was a married pregnant woman separated from her husband and living with her parents. On January 14, 1975 she applied to the Nassau County Department of Social Services for public assistance in the categories of aid to families with dependent children and medicaid, on behalf of herself and her then unborn child. Since petitioner’s application revealed that she was a minor living with her parents, the agency had her father fill out a medical assistance questionnaire. His answers revealed that his net income exceeded the amount set as the maximum qualifying level for a family of three persons.
A Nassau Child Support Lawyer said that, in the determination under review appellant affirmed the local agency’s denial of public assistance to petitioner. Special Term ruled in petitioner’s favor and found that since petitioner was emancipated, there was no requirement for her parents to support her or her unborn child.
A Queens Family Lawyer said that, another Motion by the appellant, in effect, to stay enforcement of so much of an order of the Family Court, Nassau County, dated September 16, 2010, as continued the remand of the subject child with the petitioner-respondent and to return the subject child to her care and custody, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.
The issue in this case is whether the court in denying petitioner’s application for public assistance on her own behalf.
A Queens Custody Lawyer said the court in deciding the case said that, although petitioner was entitled to public assistance on behalf of her unborn child the court holds that petitioner’s emancipation did not relieve her parents from continued responsibility for her child support. Section 101 (subd. 1) of the Social Services Law provides that “a parent shall be responsible only for the support of a child under the age of twenty-one years.” This statutory obligation imposed by the Social Services Law supersedes the common-law rule which relieves parents of the duty of support upon the emancipation of their child.
Accordingly, the court held that the appellant properly denied petitioner’s application for public assistance for herself. Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and the portion of the determination under review is confirmed.
Upon the papers filed in support of the motion, and the papers filed in opposition and in relation thereto, it is ordered that the motion is granted, and enforcement of so much of the order dated September 16, 2010, as continued the remand of the subject child with the petitioner-respondent is stayed and the subject child is returned to the appellant’s care and custody, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 15, 2010; and it is further, ordered that in the event the appeal is not perfected on or before November 15, 2010, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days’ notice; and it is further, ordered that the appeal will be calendared expeditiously after all of the briefs have been filed.
Child support is important for the growth of a child, if you are involved in a similar case; seek the representation of a Nassau Child Support Attorney or Nassau Order of Protection Attorney at Stpehen Bilkis and Associates.