Reed v. Thompson — 77 Misc. 2d 1018

Majority

p. 1018

In the Matter of James Reed, as Director of Social Services of the Monroe County Social Services District, Petitioner, v. Cheryl Thompson, Respondent.

Family Court, Monroe County,

May 7, 1974.

p. 1019

Edward D’Amico for Monroe County Department of Social Services, petitioner. Harris, Beach $ Wilcox (Ernest F. Ferullo of counsel), for respondent.

The Department of Social Services brought a petition alleging that the ex-wife of their recipient is responsible for his support. There is no allegation that he was a recipient or in need of assistance at the time respondent divorced him. The divorce was granted on a fault ground and provided no support for the defendant (husband).

The statutes creating a responsibility of a spouse to support his espoused (Family Ct. Act, § 413; Social Services Law, § 101, subd. 1) are penal in nature and must be strictly construed. (Matter of West v. Charles, 46 Misc 2d 200 ; Matter of Lasher v. Decker, 43 Misc 2d 211 .)

An ex-spouse is not a ‘ ‘ spouse ’ ’ under those sections of the law.

It seems logical that if entering into a marriage contract creates certain duties, that an unconditional dissolution of that contract removes them.

Petition is dismissed for failure to state a cause of action.

Cases cited

West v. Charles 46 Misc 2d 200 N.Y. Fam. Ct. 1965-05-05 p. 1019
Lasher v. Decker 43 Misc 2d 211 N.Y. Fam. Ct. 1964-06-12 p. 1019