Summary
In Simon v. Simon, 170 Conn. 24, 363 A.2d 1054 (1975), under the authority of the Sillman case, this court ruled that a court order providing for the support, maintenance and `education of parties' "minor" children until each child "reaches the age of twenty-one (21) years, becomes emancipated or dies, whichever shall first occur" was no longer effective after the child reached the age of eighteen.
Summary of this case from Kennedy v. KennedyOpinion
Argued December 3, 1975
Decision released December 16, 1975
Motion by the defendant for modification of a decree in a divorce action relative to support, brought to the Superior Court in Fairfield County, George, J.; judgment denying the motion and appeal by the defendant. Error; judgment directed.
Marshall S. Feingold, with whom, on the brief, were Robert B. Halloran and Richard M. Kaplan, for the appellant (defendant).
Alfred R. Belinkie, for the appellee (plaintiff).
This is an appeal from the denial of the defendant's motion to modify a June 4, 1969, divorce judgment which, inter alia, ordered the defendant to pay to the plaintiff for the support, maintenance and education of the parties' "minor" children $100 a week for each child, commencing the week of June 2, 1969, "and continuing for each child until such child reaches the age of twenty-one (21) years, becomes emancipated or dies, whichever shall first occur" and provides certain insurance coverage "for each of the said minor children until such child reaches the age of twenty-one (21) years." The eldest child reached the age of eighteen and the defendant moved to modify his obligation to provide support for this child who became emancipated on April 21, 1975. The court denied the motion without memorandum of decision.
On the authority of Sillman v. Sillman, 168 Conn. 144, 358 A.2d 150, the judgment must be reversed.