Legal Opinion
St. Lawrence County Support Collection Unit v. Laneuville
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012PublishedCited by 4 opinions
1Opinion of the CourtMcCarthy, J.
*1200We affirm. The uncontroverted testimony of a child support investigator employed by petitioner established that respondent had not complied with the prior support order, shifting the burden to respondent to offer “competent, credible evidence of his inability to make the required payments” (Matter of Powers v Powers, 86 NY2d 63, 70 [1995]; see Matter of Christiani v Rhody, 90 AD3d 1090, 1091-1092 [2011], lv denied 18 NY3d 809 [2012]). To that end, respondent testified that he has not been employed nor sought employment since 2006 due to medical issues that prohibit him from working. In…
2Cases cited4 opinions
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Christiani v. RhodyAppellate Division of the Supreme Court of the State of New York · 2011
- Columbia County Support Collection Unit ex rel. Anthony v. DemersAppellate Division of the Supreme Court of the State of New York · 2006
- Straight v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Carnahan v. ParrilloAppellate Division of the Supreme Court of the State of New York · 2013
- Carnahan v. ParrilloAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Mandile v. DeshotelAppellate Division of the Supreme Court of the State of New York · 2018
- Schad v. SchadAppellate Division of the Supreme Court of the State of New York · 2018