Schneider v. Schneider

Appellate Division of the Supreme Court of New York

Schneider v. Schneider

54 A.D.2d 717, 387 N.Y.S.2d 402, 1976 N.Y. App. Div. LEXIS 14317

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

DecidedOctober 12, 1976

StatusPublished

This text of 54 A.D.2d 717 (Schneider v. Schneider) 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

Schneider v. Schneider, 54 A.D.2d 717, 387 N.Y.S.2d 402, 1976 N.Y. App. Div. LEXIS 14317 (N.Y. Ct. App. 1976).

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Opinion

In consolidated proceedings pursuant to article 4 of the Family Court Act, the appeal is from an order of the Family Court, Nassau County, entered March 11, 1976, which, after a hearing, (1) granted petitioner’s application for enforcement of the support provisions of a judgment of divorce, (2) denied appellant’s cross motion for a downward modification of support, (3) found appellant to have willfully disobeyed the provisions of a Family Court temporary order of support, (4) directed appellant to make certain support payments for the support of petitioner and two children, (5) directed the liquidation of arrears and (6) sentenced appellant to 60 days in the county jail for having disobeyed the temporary support order, but suspended execution of such sentence. Order affirmed, without costs or disbursements. In our opinion the evidence adduced at the hearing was sufficient to sustain the Family Court’s determination requiring appellant to adhere to the provisions of the divorce decree as to alimony and child support. We also believe that sufficient competent evidence was presented to warrant both the denial of appellant’s cross motion for a downward modification of support and the finding that he had willfully disobeyed provisions of the temporary support order. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

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In consolidated proceedings pursuant to article 4 of the Family Court Act, the appeal is from an order of the Family Court, Nassau County, entered March 11, 1976, which, after a hearing, (1) granted petitioner’s application for enforcement of the support provisions of a judgment of divorce, (2) denied appellant’s cross motion for a downward modification of support, (3) found appellant to have willfully disobeyed the provisions of a Family Court temporary order of support, (4) directed appellant to make certain support payments for the support of petitioner and two children, (5) directed the liquidation of arrears and (6) sentenced appellant to 60 days in the county jail for having disobeyed the temporary support order, but suspended execution of such sentence. Order affirmed, without costs or disbursements. In our opinion the evidence adduced at the hearing was sufficient to sustain the Family Court’s determination requiring appellant to adhere to the provisions of the divorce decree as to alimony and child support. We also believe that sufficient competent evidence was presented to warrant both the denial of appellant’s cross motion for a downward modification of support and the finding that he had willfully disobeyed provisions of the temporary support order. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 717, 387 N.Y.S.2d 402, 1976 N.Y. App. Div. LEXIS 14317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-schneider-nyappdiv-1976.