Opinion
2001-10873
Submitted September 6, 2002.
October 1, 2002.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered September 28, 2001, which granted the mother's objections to an order of the same court, entered May 21, 2001 (Buse, H.E.), which, after a hearing, granted his application to terminate his child support obligation on the ground that the parties' child was emancipated.
England England, P.C., Centereach, N.Y. (Donna England of counsel), for appellant.
Cohen Warren, P.C., Smithtown, N.Y. (Edward M. Taylor of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the father's contentions, the Family Court properly concluded that the subject child was not emancipated. A parent is obligated to support his or her minor 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 Family Ct Act § 413[a]; Matter of Fortunato v. Fortunato, 242 A.D.2d 720). In the present case, the parties entered into a stipulation of settlement which provided that the child would be deemed emancipated, inter alia, when she reached the age of 18 and engaged in full-time employment. The evidence adduced at a hearing established that although the child turned 18 in December 2000, she did not work full time and she lived with her mother, who supported her. Because the child was neither economically independent nor working full time, she was not emancipated, and termination of the father's obligation of support was not warranted (see Matter of Howard v. Johnson, 227 A.D.2d 929; Matter of Jaffee v. Jaffee, 202 A.D.2d 264; Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97).
SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.