IN RE: JEANNE S. (2008)

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about January 11, 2007, which denied respondent father's objections to the Support Magistrate's order, inter alia, terminating respondent's child support obligation as of March 2, 2004, the child's 21st birthday, not, as respondent sought, as of March 1996, when the child moved out of petitioner mother's home and into respondent's home before returning to the mother's home in June 2001, unanimously affirmed, without costs.

 Family Court incorrectly denied the father's objections to the Support Magistrate's order as untimely where it does not appear that the father was ever served with a copy of that order with notice of entry (Family Ct. Act § 439[e];  Matter of Commissioner of Social Servs. v. Dietrich, 208 A.D.2d 474, 474-475, 617 N.Y.S.2d 723 [1994] ).   However, as Family Court indicated it would rule were it to reach the merits of the objections, although the child, under the terms of the parties' separation agreement, may have been temporarily emancipated when he left the mother's residence to live with the father, the father's support obligation was revived when the child returned to live with the mother (see Matter of Boden v. Boden, 42 N.Y.2d 210, 212, 397 N.Y.S.2d 701, 366 N.E.2d 791 [1977];  Matter of Bogin v. Goodrich, 265 A.D.2d 779, 781, 696 N.Y.S.2d 317 [1999];  Matter of Crimmins v. Crimmins, 192 Misc.2d 290, 745 N.Y.S.2d 686 [2002] ).   There is no evidence that prior to turning 21, the child was self-supporting or withdrew from parental control and supervision (compare Matter of Roe v. Doe, 29 N.Y.2d 188, 324 N.Y.S.2d 71, 272 N.E.2d 567 [1971];  see Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97, 602 N.Y.S.2d 623 [1993] ).