Leder v. Leder

Citation2016 N.Y. Slip Op. 04267,33 N.Y.S.3d 502,140 A.D.3d 1228
PartiesIn the Matter of Jonathan LEDER, Respondent, v. Danielle LEDER, Appellant.
Decision Date02 June 2016
CourtNew York Supreme Court Appellate Division

140 A.D.3d 1228
33 N.Y.S.3d 502
2016 N.Y. Slip Op. 04267

In the Matter of Jonathan LEDER, Respondent,
v.
Danielle LEDER, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

June 2, 2016.


33 N.Y.S.3d 503

Daniel Gartenstein, Kingston, for appellant.

Before: LAHTINEN, J.P., ROSE, LYNCH, CLARK and AARONS, JJ.

CLARK, J.

140 A.D.3d 1228

Appeal from an order of the Family Court of Ulster County (McGinty, J.), entered February 5, 2015, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 4, to hold respondent in willful violation of a prior order of support.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a son and a daughter (born in 2008 and 2010, respectively). Pursuant to a March 2014 order of support, the mother was directed to pay $865 per month in child support and $4,325 in retroactive child support. In August 2014, the father commenced this Family Ct. Act article 4 proceeding alleging that the mother had failed to make any payment towards her child support obligation and, therefore, she had willfully violated the prior order of support.1 Following a hearing, a Support Magistrate found that the mother had failed to comply with the support order and that her violation was willful. Family Court confirmed those findings after a confirmation hearing and sentenced the mother to a 120–day term of incarceration, suspended on the condition that she timely pay her regular support obligation, as well as $335 a month toward arrears. The mother appeals.

We affirm. A parent's “failure to pay support as ordered ... constitutes ‘prima facie evidence of a willful violation’ ” (matter of powers v. powers, 86 n.y.2D 63, 69, 629 N.y.s.2d 984, 653 N.E.2d 1154 [1995], quoting Family Ct. Act § 454[3][a] ; see Matter of Wilson v. LaMountain, 83 A.D.3d 1154, 1155, 921 N.Y.S.2d 362 [2011] )....

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4 cases
  • Susko v. Susko
    • United States
    • New York Supreme Court — Appellate Division
    • March 5, 2020
    ...1289, 91 N.Y.S.3d 280 [2018] ; Matter of Sayyeau v. Nourse, 165 A.D.3d 1417, 1418, 86 N.Y.S.3d 259 [2018] ; Matter of Leder v. Leder, 140 A.D.3d 1228, 1229, 33 N.Y.S.3d 502 [2016] ).Here, willfulness was established on a prima facie basis by the mother's showing and the father's admission t......
  • Dawn DD. v. James EE.
    • United States
    • New York Supreme Court — Appellate Division
    • June 2, 2016
  • Sayyeau v. Nourse
    • United States
    • New York Supreme Court — Appellate Division
    • October 18, 2018
    ...653 N.E.2d 1154 ; see Matter of Dench–Layton v. Dench–Layton, 151 A.D.3d 1199, 1201, 56 N.Y.S.3d 598 [2017] ; Matter of Leder v. Leder, 140 A.D.3d 1228, 1229, 33 N.Y.S.3d 502 [2016] ).The father testified that his income is limited to monthly Social Security disability benefits, and claimed......
  • Patrick v. Botsford
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2019
    ...Act § 454[3][a] ; Matter of Powers v. Powers , 86 N.Y.2d 63, 69, 629 N.Y.S.2d 984, 653 N.E.2d 1154 [1995] ; Matter of Leder v. Leder , 140 A.D.3d 1228, 1229, 33 N.Y.S.3d 502 [2016] ). Once such prima facie evidence is adduced, the burden shifts to the respondent to provide some credible and......

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