Foster v. Foster
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
At issue on this appeal is whether a parent who is incarcerated is entitled to have his obligation to pay child support suspended during the period of his incarceration. In light of the defendant’s financial inability, we answer that question in the affirmative.
When this divorce action was tried, the defendant husband was gainfully employed, earning $6.50 per hour. Subsequent to the trial, but prior to the issuance of the court’s decision, defendant was convicted of manslaughter *285in the first degree, sentenced to a term of 5 to 15 years’ imprisonment and now “earns” 60 per…
3Cases cited12 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Kay v. KayNew York Court of Appeals · 1975
- Rodgers v. RodgersAppellate Division of the Supreme Court of the State of New York · 1983
- In Re the Marriage of VetternackSupreme Court of Iowa · 1983
- Molinoff v. SassowerAppellate Division of the Supreme Court of the State of New York · 1984
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4Cited by18 opinions
- Boronow v. BoronowNew York Court of Appeals · 1988
- Leasure v. LeasureSupreme Court of Pennsylvania · 1988
- Rakowski v. RakowskiAppellate Division of the Supreme Court of the State of New York · 1985
- Glenn v. GlennWyoming Supreme Court · 1993
- In Re the Marriage of HamiltonColorado Court of Appeals · 1993
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