(DOWNLOAD) "Matter Dorothy Lieberman v. Aharon Lieberman" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Dorothy Lieberman v. Aharon Lieberman
- Author : Supreme Court of New York
- Release Date : January 09, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
It is not disputed that appellant is in arrears and is, therefore, in violation of the provisions of a previous order of support. On April 21, 1975 a hearing was held pursuant to section 454 of the Family Court Act to determine whether his failure to make the required payments under the support order was willful. At that hearing he testified as to his inability to pay. He testified that he had lost his last job in October, 1974 when his employer was served with a payroll deduction order as to his wages. He has been on unemployment ever since and has found it necessary to borrow money. Appellant also testified as to his unsuccessful efforts to obtain work. Nevertheless, despite the fact that no evidence was introduced which tended to contradict his testimony, the Family Court found that appellants disobedience had been willful. We view the record as inadequate to establish that the nonpayment resulted from willfulness rather than from the inability to pay (see Matter of Halleck v Hayden, 47 A.D.2d 855; Matter of Burchett v Burchett, 43 A.D.2d 970). Furthermore, before a finding can be made that appellant willfully violated the support order, his ability to pay must be established (see Matter of Hall [Wells-Friedman], 35 A.D.2d 758; Matter of Atkins v Atkins, 28 A.D.2d 1098); on the question of ability, an in-depth examination is necessary (Matter of Abbondola v Abbondola, 40 A.D.2d 976; Matter of of Halleck v Hayden, supra). Such an examination was not had here. Moreover, we find that the present record does not support the Family Courts finding that appellant failed to make reasonable and diligent efforts to find suitable employment in order to enable him to make the required payments.
 "Matter Dorothy Lieberman v. Aharon Lieberman" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}