Summary
The Appellate Division, Third Department affirmed an order of the Family Court holding the father in willful violation of a prior child support order and committing him to jail for four months. The court found that the father failed to meet his burden of proving an inability to pay, noting his undisclosed income, incomplete financial records, and expenditures on sports betting. Applying the clear and convincing evidence standard under the Family Court Act, the appellate court concluded the record supported the finding of willful noncompliance.
Topics
Practice areas
Questions Presented
- Whether the father’s failure to pay child support and related expenses constitutes a willful violation supported by clear and convincing evidence.
Holdings
- The appellate division affirms the Family Court’s finding that clear and convincing evidence shows the father willfully violated the support order.
Key quotations
“The willful failure to pay child support, which can result in a parent's incarceration, must be supported by clear and convincing evidence.”
Factual background
The parties are divorced parents of two children. The father was ordered to make biweekly child support payments and reimburse the mother for 43% of childcare and health expenses. He failed to timely pay his share, was found in contempt, and the Family Court held his failure was willful, committing him to jail.
Procedural history
The Family Court found the father willfully violated a child support and expense reimbursement order and sentenced him to jail; the father appealed the decision.