Legal Opinion
Boyle v. Boyle
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012PublishedCited by 5 opinions
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
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Lewis v. CrossAppellate Division of the Supreme Court of the State of New York · 2010
- Vickery v. VickeryAppellate Division of the Supreme Court of the State of New York · 2009
- Chamberlain v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 2010
- Mitchell v. RockhillAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- Matter of Dench-Layton v. Dench-LaytonAppellate Division of the Supreme Court of the State of New York · 2017
- St. Lawrence County Support Collection Unit ex rel. Crystal U. v. Chad T.Appellate Division of the Supreme Court of the State of New York · 2015
- St. Lawrence County Support Collection Unit ex rel. Crystal U. v. Chad T.Appellate Division of the Supreme Court of the State of New York · 2015
- Ulster County Support Collection Unit ex rel. Hess-Cockburn v. OliverAppellate Division of the Supreme Court of the State of New York · 2016
- Ulster County Support Collection Unit ex rel. Hess-Cockburn v. OliverAppellate Division of the Supreme Court of the State of New York · 2016