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Miller v. Miller

Supreme Court of New Jersey
478 A.2d 351 (N.J. 1984)


Gladys Miller (plaintiff) and Jay Miller (defendant) were married. Gladys had two children from a previous marriage with Ralph Febre. Febre was in jail at the time of the Millers’ marriage. The children lived with the Millers during their marriage. Jay loved the children and acted as the children’s father, supporting them emotionally and financially. After Febre got out of jail, he attempted to visit the children, but Jay actively opposed the visitation and prevented the children from having a relationship with Febre. Gladys filed a petition for divorce from Jay and sought child support from Jay on the ground of equitable estoppel. Gladys argued that Jay’s love and care induced the children’s reliance on him. The trial court found in favor of Gladys and ordered Jay to pay child support. The appellate court affirmed. Jay appealed.

Rule of Law


Holding and Reasoning (Garibaldi, J.)

Concurrence/Dissent (Handler, J.)

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