Legal Opinion

Boyle v. Boyle

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

Decided December 20, 2012Published

1Opinion of the Court

Mercure, J.P.

The father’s admitted failure to pay support since 2007, leading to a significant arrearage, established a “direct case of willful violation, shifting to [the father] the burden . . . [of] offer-ting] some competent, credible evidence of his inability to make the required payments” (Matter of Powers v Powers, 86 NY2d 63, 69-70 [1995]; accord Matter of Scott v Scott, 50 AD2d 1193, 1194 [2008]). Although the father testified that he has been unable to work due to injuries sustained in a 2007 car accident, he did not present medical proof of any restrictions on his employment, and…

2Cases cited5 opinions

  1. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  2. Lewis v. CrossAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vickery v. VickeryAppellate Division of the Supreme Court of the State of New York · 2009
  4. Chamberlain v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 2010
  5. Mitchell v. RockhillAppellate Division of the Supreme Court of the State of New York · 2007

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