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Pickering v. Pickering

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1977
58 A.D.2d 1039 (N.Y. App. Div. 1977)

Opinion

July 12, 1977

Appeal from the Erie County Family Court.

Present — Simons, J.P., Dillon, Hancock and Goldman, JJ.


Order unanimously affirmed, without costs. Memorandum: Petitioner appeals from an order denying his motion to terminate an order directing him to support his wife and five children. He alleges that the order is invalid because the parties are living together and, conversely, that it is invalid because his wife has abandoned him. A man has a continuing obligation to support his wife and children according to his means (Family Ct Act, §§ 412, 413) and in the absence of a pending matrimonial action, Family Court has exclusive jurisdiction of proceedings to compel support payments (Family Ct Act, § 411). The court may grant a support order when the parties are living together or apart, unless the wife has forfeited her right to support by abandoning her husband (see Levy v Levy, 22 A.D.2d 794). Petitioner asserted at oral argument that his wife had abandoned him and the children, but there is no evidence in the record that she has, and Family Court properly denied the motion to terminate support payments. We have considered the other points raised by petitioner and find them without merit.


Summaries of

Pickering v. Pickering

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1977
58 A.D.2d 1039 (N.Y. App. Div. 1977)
Case details for

Pickering v. Pickering

Case Details

Full title:JAMES L. PICKERING, Appellant, v. RITA PICKERING, Respondent

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

Date published: Jul 12, 1977

Citations

58 A.D.2d 1039 (N.Y. App. Div. 1977)

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