Commissioner of Social Services v. Moser

In a support proceeding pursuant to Family Court Act article 4, the father appeals from so much of an order of the Family Court, Suffolk County (Spinner, J.), dated January 7, 2003, as, upon directing his incarceration for contempt of court, imposed incarceration costs upon him of $197 a day.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements.

The Family Court confirmed the finding of the Hearing Examiner that the father was in willful contempt of an order requiring him to pay child support and directed his incarceration for a period of six…