MATTER OF SMITH v. SMITH


70 A.D.2d 938 (1979)

In the Matter of Barbara A. Smith, Respondent, v. Theodore Smith, Appellant

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

June 18, 1979


Order reversed, without costs or disbursements, and matter remitted to Family Court for a hearing in accordance herewith.

In a support proceeding, pursuant to section 415 of the Family Court Act, the petitioner has the burden of proving that the person on whose behalf support payments are sought is a recipient of public assistance, that the respondent is a person charged with his or her support under the statute and that the respondent has sufficient financial ability...

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