Opinion
May 7, 1974
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.