FOSTER v. FOSTER


99 A.D.2d 284 (1984)

Karen Foster, Respondent, v. Robert Foster, Appellant

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

February 14, 1984


Attorney(s) appearing for the Case

Lois Goland and David Leven (Paul Predmore on the brief), for appellant.

Leonard S. Clark (Bruce N. Roberts of counsel), for respondent.

TITONE, J. P., MANGANO, GIBBONS and BROWN, JJ., concur.


Per Curiam.

At issue on this appeal is whether a parent who is incarcerated is entitled to have his obligation to pay child support suspended during the period of his incarceration. In light of the defendant's financial inability, we answer that question in the affirmative.

When this divorce action was tried, the defendant husband was gainfully employed, earning $6.50 per hour. Subsequent to the trial, but prior to the issuance of the court's decision...

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