Yamonaco v. Fey
Appellate Division of the Supreme Court of the State of New York
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
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Christine L.M. v. Wlodek K.Appellate Division of the Supreme Court of the State of New York · 2007
- Lewis v. CrossAppellate Division of the Supreme Court of the State of New York · 2010
- Greene v. HolmesAppellate Division of the Supreme Court of the State of New York · 2006
- Manocchio v. ManocchioAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- REINHARDT, KIMBERLY E. v. HARDISON, WILLIE T.Appellate Division of the Supreme Court of the State of New York · 2014
- Smith v. JeffersAppellate Division of the Supreme Court of the State of New York · 2013
- Kasprowicz v. OsgoodAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Kathleen M.H. v. John J.C.Appellate Division of the Supreme Court of the State of New York · 2020
- 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.