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MATTER OF ATKINS v. ATKINS

28 A.D.2d 1098 (1967)

In the Matter of Ethel Atkins, Appellant, v. Thomas Atkins, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 2, 1967

Where a respondent is brought before the court for failure to obey the provisions of a support order, the court should hold a hearing and take proofs on the issue of whether or not the failure of respondent was willful. (See Family Ct. Act, § 454; see, also, Matter of Emerick v. Emerick, 24 A.D.2d 872.) On the basis of the evidence adduced before it, the court should render a decision...

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