SMITH v. SMITH


105 A.D.2d 1120 (1984)

Joyce M. Smith, Appellant, v. H. Martin Smith, Respondent

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

November 7, 1984


Order unanimously modified and, as modified, affirmed, without costs, and matter remitted to Onondaga County Family Court for a hearing, in accordance with the following memorandum: At this modification hearing, Family Court had a mandatory duty to enter a money judgment in favor of petitioner for the arrears of child support due her rather than awarding installment payments (Family Ct Act, § 460, subd 1). Since the court determined that the respondent was not willful...

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