Lipscomb v. Lipscomb

Appellate Division of the Supreme Court of New York

Lipscomb v. Lipscomb

6 A.D.3d 1202, 775 N.Y.S.2d 710, 2004 N.Y. App. Div. LEXIS 6347

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 2004·Published

Opinion

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 7, 2003. The order confirmed the determination of a hearing examiner finding respondent in contempt for willfully violating a child support order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent that Family Court erred in determining that he willfully violated a child support order. The record supports the court’s determination that respondent failed to present credible evidence that he was financially unable to comply with the order (see Matter of Powers v Powers, 86 NY2d 63, 70 [1995]; Matter of Commissioner of Social Servs. v Rosen, 289 AD2d 487, 488 [2001]). Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Scudder and Lawton, JJ.

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Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 7, 2003. The order confirmed the determination of a hearing examiner finding respondent in contempt for willfully violating a child support order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent that Family Court erred in determining that he willfully violated a child support order. The record supports the court’s determination that respondent failed to present credible evidence that he was financially unable to comply with the order (see Matter of Powers v Powers, 86 NY2d 63, 70 [1995]; Matter of Commissioner of Social Servs. v Rosen, 289 AD2d 487, 488 [2001]). Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Scudder and Lawton, JJ.

Lipscomb v. Lipscomb, 6 A.D.3d 1202, 775 N.Y.S.2d 710, 2004 N.Y. App. Div. LEXIS 6347 (N.Y. Ct. App. 2004).

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Opinion

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