MATTER OF SULLIVAN v. SULLIVAN


55 A.D.2d 958 (1977)

In the Matter of Josephine J. Sullivan, Respondent, v. Anthony Sullivan, Appellant

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

January 31, 1977


Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a hearing with respect to appellant's ability to comply with the orders granting support to petitioner.

There has been no showing that appellant's failure to comply with the support orders was willful. Before the failure to obey an order of support can be deemed to be willful, there must be a determination of the husband's ability to pay (see Matter of Burchett v Burchett...

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