While appellant admitted to being in arrears in his support payments, we find the record wholly lacking in evidence of his financial ability to make such payments. In order to constitute a willful failure to obey an order issued pursuant to article 4 of the Family Court Act, the ability to pay must also be established. Proof of nonpayment alone will not sustain the failure to obey the order as willful. (Matter of Probation Administrator v. Prospero,
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MATTER OF TUCKER v. TUCKER
41 A.D.2d 995 (1973)
In the Matter of Donna Tucker, Respondent, v. Thomas Tucker, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
May 24, 1973
May 24, 1973
Appellate Division of the Supreme Court of the State of New York, Third Department.
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