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Weinberg v. Omar E.

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1984
106 A.D.2d 448 (N.Y. App. Div. 1984)

Summary

holding age of father is irrelevant to paternity proceeding and does not excuse father from his duty to support child

Summary of this case from In re Paternity of K.B

Opinion

December 10, 1984

Appeal from the Family Court, Rockland County (Stanger, J.).


Order affirmed, without cost or disbursements.

The age of a putative father is irrelevant to a paternity proceeding and minority will not excuse his obligation to support the child ( People v. Moores, 4 Denio 518; 2 Schatkin, Disputed Paternity Proceedings, § 24.26). The parents' respective ages are factors to be considered only insofar as determination of the actual monetary amount of support is concerned. Moreover, the mother's alleged fault or wrongful conduct is irrelevant under section 545 FCT of the Family Court Act ( Matter of L. Pamela P. v Frank S., 59 N.Y.2d 1). The primary purpose of a paternity proceeding is to protect the welfare of the illegitimate child and, accordingly, the mother's conduct should have no bearing on the father's duty of support nor upon the manner in which the parents' respective obligations are determined ( Matter of L. Pamela P. v. Frank S., supra).

The court clearly considered the appellant's youth and lack of employment when it imposed the minimal obligation of $5 per week. We find that this is a fair and reasonable sum under the circumstances.

The constitutional claims raised by the appellant are not properly before us due to a failure to give the requisite statutory notice to the Attorney-General (CPLR 1012, subd [b]; Executive Law, § 71; Matherson v. Marchello, 100 A.D.2d 233, 241, n 4). Titone, J.P., Gibbons, Bracken and Weinstein, JJ., concur.


Summaries of

Weinberg v. Omar E.

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1984
106 A.D.2d 448 (N.Y. App. Div. 1984)

holding age of father is irrelevant to paternity proceeding and does not excuse father from his duty to support child

Summary of this case from In re Paternity of K.B
Case details for

Weinberg v. Omar E.

Case Details

Full title:In the Matter of NOAH WEINBERG as Assignee of PATRICIA ANN H., Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 10, 1984

Citations

106 A.D.2d 448 (N.Y. App. Div. 1984)

Citing Cases

State ex Rel. Hermesmann v. Seyer

Other courts have so held. In Weinberg v. Omar E., 106 A.D.2d 448, 448, 482 N.Y.S.2d 540 (1984), the court…

S.F. v. State ex Rel. T.M

" '[T]he mother's alleged fault or wrongful conduct is irrelevant. . . . The primary purpose of a paternity…