Davis-Taylor v. Davis-Taylor

Stein J. (dissenting).

I respectfully dissent. While I would agree that there is evidence in the record which could support the conclusion reached by the majority — that respondent’s failure to pay child support was not willful — I would defer to the credibility assessments made, in the first instance, by the Support Magistrate and confirmed by Family Court, in finding to the contrary. Overall, the Support Magistrate found “very little *1315credible testimony on the part of [respondent].” More specifically, the Support Magistrate found it “very hard ... to believe” respondent’s testimony — with no…