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Ontario County Department of Social Services v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1056 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Ontario County Family Court, Harvey, J.

Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly denied the objections to the Hearing Examiner's order without inquiring further into respondent's ability to pay child support arrears that accrued during the period of respondent's incarceration. "[I]t is undisputed that [respondent's] current financial hardship is solely the result of his wrongful conduct culminating in a felony conviction and imprisonment" (Matter of Knights v. Knights, 71 N.Y.2d 865, 867). Thus, the court properly declined to reduce or annul the accrued arrears (see, Family Ct Act § 451).


Summaries of

Ontario County Department of Social Services v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1056 (N.Y. App. Div. 1995)
Case details for

Ontario County Department of Social Services v. Jackson

Case Details

Full title:In the Matter of ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1995

Citations

212 A.D.2d 1056 (N.Y. App. Div. 1995)
624 N.Y.S.2d 1011

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