MATTER OF DELLARIPA v. DELLARIPA


62 A.D.2d 1036 (1978)

In the Matter of Lucille Dellaripa, Appellant, v. Joseph Dellaripa, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1978


Order reversed, on the law, without costs or disbursements, and motion denied.

The Family Court held, as a matter of law, that it had no jurisdiction to consider the support petition of a wife who was not a public charge when it appeared that she was living with her husband and their minor child in the same house. Under section 236 of the Domestic Relations Law, a court may direct support in an appropriate case even when the parties are occupying the same abode. While...

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