Summary
This Appellate Division, Fourth Department opinion addresses a Family Court Act article 4 proceeding concerning alleged willful violations of a child support order. The lower court had confirmed a Support Magistrate's determination that the father willfully failed to pay support and committed him to jail for 20 days. The appellate court reversed the order and vacated the commitment, finding that the father presented competent medical evidence demonstrating his physical disability prevented him from working and meeting his support obligations.
Topics
Practice areas
Questions Presented
- Whether the Family Court erred in finding a willful violation of the child support order without requiring competent medical evidence of disability
- Whether the order of commitment to jail should be vacated.
Holdings
- The Family Court erred; the father had submitted competent medical evidence of disability, so the finding of willful violation was improper.
- The order of commitment is vacated.
Key quotations
“Thus, proof that respondent has failed to pay support as ordered alone establishes petitioner's direct case of willful violation, shifting to respondent the burden of going forward.” (at 1)
Factual background
The father, Michael J. Rubin, failed to make child support payments after February 2023. He asserted that a physical disability, including congestive heart failure, prevented him from working. He submitted hospital and cardiology records and was receiving public assistance and Social Security disability benefits. The mother, Carolyn J. Arcuri, alleged willful failure to pay.
Procedural history
The Family Court, Oneida County, entered an order on July 3, 2024, confirming the Support Magistrate's determination that the father willfully violated a prior child support order and ordered a 20‑day jail commitment. The father appealed the order to the Appellate Division, Fourth Department.