Hacquin v. Collier

NYC Family Court

Hacquin v. Collier

87 Misc. 2d 994, 386 N.Y.S.2d 185, 1976 N.Y. Misc. LEXIS 2343

CourtNew York City Family Court

DecidedJuly 9, 1976

StatusPublished

Cited by1 cases

This text of 87 Misc. 2d 994 (Hacquin v. Collier) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hacquin v. Collier, 87 Misc. 2d 994, 386 N.Y.S.2d 185, 1976 N.Y. Misc. LEXIS 2343 (N.Y. Super. Ct. 1976).

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Opinion

Richard D. Rosenbloom, J.

This is a motion brought by respondent to dismiss the petition for failure to state a cause of action. The petition is for support and is filed under the Uniform Support of Dependents Law (Domestic Relations Law, art 3-A). Petitioner alleges that she is the ex-wife of respondent and attaches a decree of divorce dated February 25, 1971.

Subdivision 1 of section 32 of the Domestic Relations Law provides that a husband is liable for the support of his wife. No mention is made throughout article 3-A of any liability to an ex-wife. The statute clearly imposes a liability on a husband to support his wife, but not his ex-wife. (Fleischer v Fleischer, 24 AD2d 667.)

Accordingly, respondent’s motion is granted and the petition is dismissed.

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Richard D. Rosenbloom, J.

This is a motion brought by respondent to dismiss the petition for failure to state a cause of action. The petition is for support and is filed under the Uniform Support of Dependents Law (Domestic Relations Law, art 3-A). Petitioner alleges that she is the ex-wife of respondent and attaches a decree of divorce dated February 25, 1971.

Subdivision 1 of section 32 of the Domestic Relations Law provides that a husband is liable for the support of his wife. No mention is made throughout article 3-A of any liability to an ex-wife. The statute clearly imposes a liability on a husband to support his wife, but not his ex-wife. (Fleischer v Fleischer, 24 AD2d 667.)

Accordingly, respondent’s motion is granted and the petition is dismissed.

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Bluebook (online)

87 Misc. 2d 994, 386 N.Y.S.2d 185, 1976 N.Y. Misc. LEXIS 2343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hacquin-v-collier-nycfamct-1976.

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