Sullivan v. Sullivan

Appellate Division of the Supreme Court of New York

Sullivan v. Sullivan

55 A.D.2d 958, 391 N.Y.S.2d 161, 1977 N.Y. App. Div. LEXIS 10258

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

DecidedJanuary 31, 1977

StatusPublished

This text of 55 A.D.2d 958 (Sullivan v. Sullivan) 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

Sullivan v. Sullivan, 55 A.D.2d 958, 391 N.Y.S.2d 161, 1977 N.Y. App. Div. LEXIS 10258 (N.Y. Ct. App. 1977).

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Opinion

In a support proceeding, the husband appeals from an order of the Family Court, Suffolk County, dated November 6, 1975, which, inter alia, directed that he be committed to the Suffolk County Jail for his failure to comply with a prior order of support, as amended. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a hearing with respect to appellant’s ability to comply with the orders granting support to petitioner. There has been no showing that appellant’s failure to comply with the support orders was willful. Before the failure to obey an order of support can be deemed to be willful, there must be a determination of the husband’s ability to pay (see Matter of Burchett v Burchett, 43 AD2d 970). Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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In a support proceeding, the husband appeals from an order of the Family Court, Suffolk County, dated November 6, 1975, which, inter alia, directed that he be committed to the Suffolk County Jail for his failure to comply with a prior order of support, as amended. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a hearing with respect to appellant’s ability to comply with the orders granting support to petitioner. There has been no showing that appellant’s failure to comply with the support orders was willful. Before the failure to obey an order of support can be deemed to be willful, there must be a determination of the husband’s ability to pay (see Matter of Burchett v Burchett, 43 AD2d 970). Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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Bluebook (online)

55 A.D.2d 958, 391 N.Y.S.2d 161, 1977 N.Y. App. Div. LEXIS 10258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-sullivan-nyappdiv-1977.

Opinion

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