Appellate Division of the Supreme Court of New York, 1995

Ontario County Department of Social Services v. Jackson

Ontario County Department of Social Services v. Jackson
Appellate Division of the Supreme Court of New York · Decided February 3, 1995
212 A.D.2d 1056; 624 N.Y.S.2d 1011; 1995 N.Y. App. Div. LEXIS 1978
Ontario County Department of Social Services v. Jackson

Opinion of the Court

—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 NY2d 865, 867). Thus, the court properly declined to reduce or annul the accrued arrears (see, Family Ct Act § 451). (Appeal from Order of Ontario County Family Court, Harvey, J.—Child Support.) Present—Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.