Miraglio v. Rivera

In a support proceeding under article 4 of the Family Court Act, the appeal is from an order of the Family Court, Rockland County, dated December 14, 1973, and made after a hearing, which committed appellant to the County Jail for six months because of his failure to comply with a prior order of support. Order reversed, on the facts, without costs; and proceeding remitted to the Family Court for a new hearing and further proceedings not inconsistent herewith. We have repeatedly stated that the issue of ability to pay is crucial to a determination of willfulness and should be “ explored in…