MUST SPEND WEEKENDS IN JAIL FOR A SIX-MONTH PERIOD
After the New York County Family Court confirmed the findings of a Support Magistrate, who had determined that a father had “willfully violated a court order mandating child support payments, and sentenced the father to weekend incarceration for a term of six months and set the purge amount at $7,000,” he appealed.
And on its review of the dispute, the Appellate Division, First Department, deferred to the Family Court’s credibility findings. Among other things, the father had purportedly failed to provide “credible evidence” that his medical condition prevented him from honoring his financial obligations. In addition to not showing efforts to find gainful employment or attend school, a sworn financial disclosure showed that the guy was somehow able to pay “substantial expenses,” like “rent on two apartments, pet care, and dry cleaning.”
Because it didn’t find the contempt incarceration or purge amount “excessive,” the AD1 left the outcome undisturbed.
Looks like he couldn’t drum up support there, either.
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DECISION