Legal Opinion · Dissent

Avildsen v. Prystay

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

Decided September 19, 1991Published

1DissentSmith, J.

Because I believe that the compromise agreement entered into by these unmarried parties pursuant to Family Court Act § 516 fails to make adequate provision for the support of their child and is, therefore, unconscionable, I would reverse and, accordingly, dissent. The matter should be remanded for a determination of a proper amount of support. Only if it becomes necessary should financial disclosure by the plaintiff father be required.

On November 5, 1981, the defendant, Myroslawa Prystay, gave birth to a son. Throughout her pregnancy and since his birth, defendant has maintained that…

2Cases cited3 opinions

  1. Matter of Baby M.Supreme Court of New Jersey · 1988
  2. Bacon v. BaconNew York Court of Appeals · 1979
  3. Bacon v. BaconAppellate Division of the Supreme Court of the State of New York · 1978

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