Miller v. Miller

In a support proceeding pursuant to Family Court Act article 4, the appeal is from an order of the Family Court, Orange County (Ludmerer, J.), dated August 17, 1992, which determined that the appellant was in willful violation of a child support order of the same court.

Ordered that the order is reversed, 'on the law, and the petition is dismissed, without costs or disbursements.

The Family Court improvidently exercised its discretion in finding the appellant to be in willful violation of a child support order (see, Family Ct Act § 454). Although the failure to pay support as ordered…