Opinion
2012-09-28
In the Matter of Jose CEDENO, Petitioner–Appellant, v. Bonnie KNOWLTON, Respondent–Respondent.
Appeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered April 25, 2011 in a proceeding pursuant to Family Court Act article 4. The order denied the objections *413of petitioner to the order of the Support Magistrate.
Thomas N. Martin, Rochester, for Petitioner–Appellant.
MEMORANDUM:
Contrary to petitioner father's contention, Family Court properly denied his objections to the Support Magistrate's order that, after a hearing, determined that the parties' child was not emancipated and continued the father's child support obligation until the child turned 21 years of age. “A parent is obligated to support his or her child until the age of 21 ( seeFamily Ct. Act § 413) unless the child becomes emancipated, which occurs once the child becomes economically independent through employment and is self-supporting” (Matter of Smith v. Smith, 85 A.D.3d 1188, 1188, 927 N.Y.S.2d 120;see Matter of Drumm v. Drumm, 88 A.D.3d 1110, 1112–1113, 931 N.Y.S.2d 180;Matter of Burr v. Fellner, 73 A.D.3d 1041, 1041–1042, 900 N.Y.S.2d 656;Matter of Thomas B. v. Lydia D., 69 A.D.3d 24, 28, 886 N.Y.S.2d 22). Here, although the parties' child worked on a full-time basis and filed individual income tax returns, the fact that respondent mother continued to pay for the child's food, gas, and cell phone demonstrates that the child was not economically independent and self-supporting ( see Drumm, 88 A.D.3d at 1113, 931 N.Y.S.2d 180;Smith, 85 A.D.3d at 1188–1189, 927 N.Y.S.2d 120;Thomas B., 69 A.D.3d at 31, 886 N.Y.S.2d 22;cf. Matter of Lowe v. Lowe, 67 A.D.3d 682, 683, 888 N.Y.S.2d 163;Matter of Fortunato v. Fortunato, 242 A.D.2d 720, 721, 662 N.Y.S.2d 579).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.