Ontario County Department of Social Services v. Jackson

Appellate Division of the Supreme Court of New York

Ontario County Department of Social Services v. Jackson

212 A.D.2d 1056, 624 N.Y.S.2d 1011, 1995 N.Y. App. Div. LEXIS 1978

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1995

StatusPublished

Cited by4 cases

This text of 212 A.D.2d 1056 (Ontario County Department of Social Services v. Jackson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ontario County Department of Social Services v. Jackson, 212 A.D.2d 1056, 624 N.Y.S.2d 1011, 1995 N.Y. App. Div. LEXIS 1978 (N.Y. Ct. App. 1995).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court properly denied the objections to the Hearing Examiner’s order without inquiring further into respondent’s ability to pay child support arrears that accrued during the period of respondent’s incarceration. "[I]t is undisputed that [respondent’s] current financial hardship is solely the result of his wrongful conduct culminating in a felony conviction and imprisonment” (Matter of Knights v Knights, 71 NY2d 865, 867). Thus, the court properly declined to reduce or annul the accrued arrears (see, Family Ct Act § 451). (Appeal from Order of Ontario County Family Court, Harvey, J.—Child Support.) Present—Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court properly denied the objections to the Hearing Examiner’s order without inquiring further into respondent’s ability to pay child support arrears that accrued during the period of respondent’s incarceration. "[I]t is undisputed that [respondent’s] current financial hardship is solely the result of his wrongful conduct culminating in a felony conviction and imprisonment” (Matter of Knights v Knights, 71 NY2d 865, 867). Thus, the court properly declined to reduce or annul the accrued arrears (see, Family Ct Act § 451). (Appeal from Order of Ontario County Family Court, Harvey, J.—Child Support.) Present—Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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Bluebook (online)

212 A.D.2d 1056, 624 N.Y.S.2d 1011, 1995 N.Y. App. Div. LEXIS 1978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ontario-county-department-of-social-services-v-jackson-nyappdiv-1995.

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