Boyle v. Boyle
Cases that cite this one
9 later published cases cite this decision.
- Matter of Dench-Layton v. Dench-Layton (Appellate Division of the Supreme Court of New York 2017)
- Matter of Fifield v. Whiting (Appellate Division of the Supreme Court of New York 2016)
- Ulster County Support Collection Unit ex rel. Hess-Cockburn v. Oliver (Appellate Division of the Supreme Court of New York 2016)
- Ulster County Support Collection Unit ex rel. Hess-Cockburn v. Oliver (Appellate Division of the Supreme Court of New York 2016)
- St. Lawrence County Support Collection Unit ex rel. Crystal U. v. Chad T. (Appellate Division of the Supreme Court of New York 2015)
- St. Lawrence County Support Collection Unit ex rel. Crystal U. v. Chad T. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Rose v. Lewandowski (Appellate Division of the Supreme Court of New York 2023)
- Matter of Shkaf v. Shkaf (Appellate Division of the Supreme Court of New York 2018)
- Matter of Duprey v. Klaers (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 he conceded that his claim for disability benefits had been denied three times (see Matter of Lewis v Cross, 72 AD3d 1228, 1230 [2010]; Matter of Chamberlain v Chamberlain, 69 AD3d 1249, 1250-1251 [2010]; Matter of Vickery v Vickery, 63 AD3d 1220, 1221 [2009]). Nor did the father demonstrate that he had made a good faith effort to find employment; rather, he testified that he had applied for “three or four” jobs in the past “four or five years” (see Matter of Scott v Scott, 50 AD 3d at 1194; Matter of Mitchell v Rockhill, 45 AD3d 1140, 1141 [2007]). According deference to the Support Magistrate’s credibility determinations, clear and convincing evidence supports the finding of willful violation.
Spain, Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.