175 Misc. 202 | N.Y. Sup. Ct. | 1940
There is no common-law obligation for a stepfather to support stepchildren. (Matter of Ackerman, 116 N. Y. 654.) The statutory authority conferred upon the court in actions for divorce or separation to require the husband to provide for the support of his children before final judgment is limited to the issue of the marriage. (Civ. Prac. Act, § 1169; Wood v. Wood, 61 App. Div. 96, 99.) This has not been changed by section 125 of the
This motion for alimony and counsel fee is granted to the extent of providing ten dollars weekly alimony to the plaintiff, commencing August 1, 1940, and one hundred dollans counsel fee, payable fifty dollars within twenty days after the service of a certified copy of the order to be entered hereon and fifty dollars when the case is reached for trial. For the reasons given heretofore, the court did not take into consideration the four minor stepchildren in granting the alimony allowed.