242 F. Supp. 1021 | D.V.I. | 1965
On the 2nd day of June, 1965, the motion of the United States Attorney for a new trial came on for hearing. The Court heard the arguments of counsel and took the motion under advisement. The motion, although labeled as a motion for a new trial, is in essence a motion for reconsideration of this Court’s decision entered May 7, 1965, 5 V.I. 121.
The United States Attorney alleges that the Court committed three errors in its conclusions of law. He alleges that: (1) the Court erred in its conclusion of law that no duty of support runs from the respondent-former husband to the petitioner-former wife; (2) the Court erred in its conclusion of law that no duty of support runs from the respondent-father to the 18 year old daughter; (3) the Court erred in its conclusion of law that the question of duty is determined by 16 V.I.C. § 342, but that it should have been determined pursuant to 16 V.I.C., Chapter 13, Subchapter III.
As to point number one, supra, the Court is of the opinion that the Uniform Reciprocal Enforcement of Support Act (16 V.I.C. § 391, et seq.) was never intended by the National Conference of Commissioners on Uniform State Laws or by the Legislature of the Virgin Islands to be used to enforce separation agreements or divorce decrees of the parties. The history of the Act shows that it was aimed primarily to assist wives and children in gaining support from husbands who deserted the family and who were beyond the reach of process in the state where the husband and father had abandoned his family. The social aim of the Act was to compel the “runaway husband” to support his family, thus obviating the necessity of the welfare departments of the state governments to support the abandoned family.
The duty of responding state, the Virgin Islands in the case at bar, is described in 16 V.I.C. § 421, et seq. If
As to point number two, supra, the Court is of the opinion that 16 V.I.C. § 342(a) (2) sets forth the duty of support of a parent toward his children. The duty of a parent for his child remains until the child has reached 18 years of age. In the case at bar, the daughter of the
The Court rejects the third point of the United States Attorney. The Court agrees with the United States Attorney that 16 V.I.C., Chapter 13, Subchapter III is that portion of the code under which the provisions of the Uniform Reciprocal Enforcement of Support Act operate. The Court would reiterate that 16 V.I.C. § 411 sets forth what law determines the duty of support. Therefore, the Court is compelled to look to that provision of the law which defines the duty of support even though it is not specifically set forth in Title 16 Virgin Islands Code, Chapter 13, Sub-chapter III, but set forth in Subchapter I.
The premises considered, therefore, the motion of the United States Attorney for a new trial is hereby denied.