Eckhardt v. Eckhardt

Appellate Division of the Supreme Court of New York

Eckhardt v. Eckhardt

37 A.D.2d 629, 323 N.Y.S.2d 611, 1971 N.Y. App. Div. LEXIS 3641

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1971

StatusPublished

Cited by7 cases

This text of 37 A.D.2d 629 (Eckhardt v. Eckhardt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eckhardt v. Eckhardt, 37 A.D.2d 629, 323 N.Y.S.2d 611, 1971 N.Y. App. Div. LEXIS 3641 (N.Y. Ct. App. 1971).

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Opinion

In a proceeding pursuant to the Uniform Support of Dependents Law (Domestic Relations Law, art. 3-A), the appeal is from an order of the Family Court, Westchester County, dated November 13, 1970, which directed appellant to pay $65 a week for support for petitioner’s four children. Order modified, on the law, by deleting from the list of children for whom appellant is directed to pay support the name of the child Elizabeth Eckhardt. As so modified, order affirmed, without costs. Since petitioner’s daughter Elizabeth could only be regarded as appellant’s stepchild while the parties were married (see Domestic Relations Law, § 31, subd. 3; Jones v. Jones, 161 Misc. 660, 663), once they were divorced there was no authority to direct appellant to support that child (Peake v. Peake, 205 Misc. 393). However, since appellant is obligated to support the three children who are the issue of his marriage to petitioner, and since the award of $65 appears to be proper in view of his income and the needs of the three children, the amount of the award need not be disturbed. Hopkins, Acting P. J., Martuseello, Shapiro, Gulotta and Benjamin, JJ., concur.

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In a proceeding pursuant to the Uniform Support of Dependents Law (Domestic Relations Law, art. 3-A), the appeal is from an order of the Family Court, Westchester County, dated November 13, 1970, which directed appellant to pay $65 a week for support for petitioner’s four children. Order modified, on the law, by deleting from the list of children for whom appellant is directed to pay support the name of the child Elizabeth Eckhardt. As so modified, order affirmed, without costs. Since petitioner’s daughter Elizabeth could only be regarded as appellant’s stepchild while the parties were married (see Domestic Relations Law, § 31, subd. 3; Jones v. Jones, 161 Misc. 660, 663), once they were divorced there was no authority to direct appellant to support that child (Peake v. Peake, 205 Misc. 393). However, since appellant is obligated to support the three children who are the issue of his marriage to petitioner, and since the award of $65 appears to be proper in view of his income and the needs of the three children, the amount of the award need not be disturbed. Hopkins, Acting P. J., Martuseello, Shapiro, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 629, 323 N.Y.S.2d 611, 1971 N.Y. App. Div. LEXIS 3641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckhardt-v-eckhardt-nyappdiv-1971.

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