Summary
In Ryan v. Ryan (1987) 128 A.D.2d 624 [513 N YS.2d 25], and Danis v. Stillerman (1978) 66 A.D.2d 818 [411 N.Y.S.2d 353], the New York courts ordered fathers residing in that state to pay child support until age 21 under New York law even though the mothers and children lived in states where the support obligation ended at 18.
Summary of this case from In re Marriage of LurieOpinion
March 9, 1987
Appeal from the Family Court, Suffolk County (Hurley, J.).
Ordered that the decision and order (one paper) entered October 22, 1985 is affirmed; and it is further,
Ordered that the order dated October 24, 1985 is affirmed, and it is further,
Ordered that the petitioner is awarded one bill of costs.
It is well settled that the obligation for the support of children is a shared obligation of both parents, and, in determining the appropriate level of child support, the court must consider all relevant factors, including the financial resources of the parents and the needs of the child (see, Family Ct Act § 413). A review of the record leads us to conclude that the court's award in this case was an appropriate exercise of discretion. Further, the court properly granted the petitioner arrears to the date of the filing of the petition, as mandated by Family Court Act § 449.
Additionally, the court properly awarded support payments to continue until each child reaches the age of 21. While Texas law (the petitioner and her children are residents of Texas) provides that support obligations cease at age 18 (see, Tex Fam Code Annot §§ 11.01, 12.04), under the facts of this case, the substantive law of New York, which requires parental support of a child until he or she reaches age 21 (see, Domestic Relations Law § 32 [3]), should govern (see, Matter of Lalli v. Lalli, 80 A.D.2d 897; Matter of Danis v. Stillerman, 66 A.D.2d 818; Tex Fam Code Annot § 21.21).
We have examined the appellant's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.