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MATTER OF CAIN v. COUSAR

52 A.D.2d 924 (1976)

In the Matter of Willie M. Cain, Respondent, v. Thomas H. Cousar, Appellant

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

May 17, 1976

Order reversed, without costs or disbursements, and proceeding remitted to the Family Court for a full hearing and (1) a new determination as to whether there was a willful violation of the support order and (2) a determination of the application for a downward modification.

The statute requires that a finding of willful disobedience be based upon "competent proof" (Family Ct Act, § 454). In Matter of Burchett v Burchett (43 A.D.2d 970...

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