Legal Opinion

Yamonaco v. Fey

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

Decided January 31, 2012PublishedCited by 13 opinions

1Opinion of the Court

Memorandum: Respondent father appeals from an order confirming the Support Magistrate’s determination that he willfully violated a prior order to pay child support with respect to the parties’ child and sentencing him to a term of six months in jail. We affirm. It is well settled that a parent is presumed to be able to support his or her minor children (see Family Ct Act § 437; Matter of Christine L.M. v Wlodek K., 45 AD3d 1452 *1323[2007]). A “failure to pay support as ordered itself constitutes ‘prima facie evidence of a willful violation’ . . . [and] establishes [the] petitioner’s direct case…

2Cases cited6 opinions

  1. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  2. Christine L.M. v. Wlodek K.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Lewis v. CrossAppellate Division of the Supreme Court of the State of New York · 2010
  4. Greene v. HolmesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Manocchio v. ManocchioAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by13 opinions

  1. REINHARDT, KIMBERLY E. v. HARDISON, WILLIE T.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Smith v. JeffersAppellate Division of the Supreme Court of the State of New York · 2013
  3. Kasprowicz v. OsgoodAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Kathleen M.H. v. John J.C.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Wyoming County Dept. of Social Servs. v. KatesAppellate Division of the Supreme Court of the State of New York · 2021

8 more not listed; retrieve them via the Exa API.

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