Trembow v. Schonfeld

901 A.2d 825, 393 Md. 327, 2006 Md. LEXIS 343
CourtCourt of Appeals of Maryland
DecidedJune 8, 2006
DocketNo. 64
StatusPublished
Cited by1 cases

This text of 901 A.2d 825 (Trembow v. Schonfeld) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trembow v. Schonfeld, 901 A.2d 825, 393 Md. 327, 2006 Md. LEXIS 343 (Md. 2006).

Opinions

WILNER, J.

The issue before us is whether the mother of a destitute adult child born out of wedlock is entitled to pursue a paternity action against the man she now claims is the father of the child and collect child support from him. The issue involves the interplay between the State paternity law (Maryland Code, §§ 5-1001 through 5-1044 of the Family Law Article) (FL), and the law requiring parents to support their destitute adult children (FL §§ 13-101 through 13-109).

We shall conclude that the mother is not entitled to pursue a paternity action after the child has turned 18 and is no longer in high school.1 We shall point out, however, that (1) had paternity been established prior to that point, the mother [330]*330would, be entitled to seek child support for the destitute adult child, and (2) the child, directly or, if incompetent, through a guardian, is independently entitled to seek to establish paternity prior to reaching that point and upon the ascertainment of paternity, to recover child support both during minority and, as a destitute adult child, thereafter.

BACKGROUND

In August, 2003, appellant Victoria Trembow, filed a complaint in the Circuit Court for Frederick County seeking child support from appellee, Alan Schonfeld. She alleged that, though never married to each other, the parties had a child, Ivan, who was born in March, 1983. In 1996, she claimed, when Ivan was thirteen, he was diagnosed with a genetic degenerative bone disorder, as a result of which he had become permanently disabled before reaching the age of 18. The complaint alleged that Ivan resided with Ms. Trembow and, by reason of his physical disability, was unable to earn sufficient means to provide for himself.

Implicit from the complaint, and undisputed, is that Ms. Trembow never sought to establish Schonfeld’s paternity or collect child support from him prior to Ivan reaching eighteen. The record indicates that, within six months after Ivan was born, Ms. Trembow married one John O’Brien, and Ivan was raised as Ivan O’Brien. Not until after the couple was divorced and Ivan reached eighteen did he change his name to Ivan Trembow.

Ms. Trembow averred that Schonfeld, in correspondence, had acknowledged himself to be Ivan’s father but had consistently refused to provide support for Ivan though financially able to do so. Invoking FL § 13-102, Ms. Trembow asked that the court establish Schonfeld’s obligation to provide support, establish any arrearage, enter an earnings withholding order, and award her costs and other unspecified relief. The action was filed solely by Ms. Trembow, individually, not on behalf of Ivan, and the support she sought was to be paid to her, not to Ivan. Although she alleged Ivan’s physical disabilities and that [331]*331he suffered from depression, she did not allege that Ivan was or had ever been incompetent to pursue his own action if he chose to do so.

Schonfeld, a California resident, moved to dismiss the complaint on a number of grounds, including that the complaint was not timely filed, that Ms. Trembow had no standing to file such an action, that the action was not permitted by any statute, that the complaint failed to state a claim upon which relief could be granted, and that the plaintiff was equitably estopped from bringing the action. In June, 2004, the court granted the motion to dismiss but gave leave to Ms. Trembow to file an amended complaint. The order dismissing the complaint does not specify any reason; nor is there anything else in the record to indicate on what ground(s) the complaint was dismissed.

In July, 2004, Ms. Trembow filed an amended two-count complaint. Count II was a repetition of the claim for support pled in the initial complaint. Count I was an action to establish Schonfeld’s paternity. Ms. Trembow averred that Schonfeld’s paternity “needs to be determined so that Plaintiff can proceed with her request for child support for her disabled adult child.” As with the initial complaint, the action was brought solely by and for the benefit of Ms. Trembow. There is no indication that Ivan was seeking either to establish Schonfeld’s paternity or to collect child support from him. Schonfeld again responded with a motion to dismiss, contending, in addition to lack of jurisdiction and venue, that the action was not timely filed, that it failed to state a claim upon which relief could be granted, and estoppel. He argued that he had never acknowledged paternity or in any other way “legitimated” Ivan and that the paternity action was barred by limitations.

After hearing argument, the court dismissed the amended complaint. Although the order does not specify the ground(s) of the dismissal, the court’s remarks from the bench indicate that the dismissal was based on a finding that the paternity action was barred by limitations. Ms. Trembow filed a motion [332]*332to alter or amend the order of dismissal, in which she re-argued that the statute of limitations on filing paternity actions was not applicable to actions involving a destitute adult child. She attached to the motion various letters and other correspondence from Schonfeld, which established, in her view, that Schonfeld could not be said to have relied on not being Ivan’s father. The motion was denied and the attached correspondence was stricken. Ms. Trembow appealed, and we granted certiorari prior to proceedings in the Court of Special Appeals.

The one question presented in appellant’s brief is “whether an adult disabled child may initiate proceedings for paternity and child support after his eighteenth birthday.” That, unfortunately, is not the issue presented in this ease. As noted, Ivan has not initiated any proceedings for paternity or support, nor did Ms. Trembow file her action as guardian for or next friend of Ivan. The issue actually presented is whether Ms. Trembow, for her own benefit, is entitled to pursue a paternity action after the child’s eighteenth birthday.

DISCUSSION

As noted, there are two sets of statutes that are relevant here—FL §§ 13-101 through 13-109, establishing the duty of parents to support their destitute adult children, and FL, §§ 5-1001 through 5-1044, which constitutes the paternity law and sets forth the procedure for establishing paternity. The two statutes are inextricably related in this case. Ms. Trembow has acknowledged that fact in her admission that she needed to establish Schonfeld’s paternity so that she could proceed with her action for support.

At common law, a parent had no duty to support an adult child—a child who had reached the age of majority—even if the child was disabled. See Smith v. Smith, 227 Md. 355, 359, 176 A.2d 862, 865 (1962); Borchert v. Borchert, 185 Md. 586, 590, 45 A.2d 463, 465 (1946). That obligation was first imposed, by statute, in 1947. The history and antecedents of that statute—the one now codified in FL §§ 13-101 through [333]*33313-109—provide an enlightening context for its structure, wording, and effect.

In 1896, the Legislature made it a criminal offense, punishable by a fine of $100 and one year imprisonment, for a man wilfully to desert or neglect to provide support and maintenance of his wife or minor child. See 1896 Md. Laws, ch. 73.

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Bluebook (online)
901 A.2d 825, 393 Md. 327, 2006 Md. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trembow-v-schonfeld-md-2006.