CAPPIONE v. CAPPIONE


63 A.D.2d 757 (1978)

Deborah M. Cappione, Respondent, v. Amedeo J. Cappione, Appellant

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

May 4, 1978


Subdivision 3 of section 246 of the Domestic Relations Law provides that where a person asserts his financial inability to comply with the support provisions of a divorce decree as a defense in a proceeding against him pursuant to section 245, he is entitled to an evidentiary hearing to resolve conflicting claims before he can be adjudged in contempt (cf. Hickland v Hickland, 56 A.D.2d 978, and cases cited therein for full discussion...

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