MATTER OF DEMARCO v. RAFTERY


242 A.D.2d 625 (1997)

662 N.Y.S.2d 138

In the Matter of Carol Demarco, Respondent, v. John Raftery, Appellant

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

September 22, 1997


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court for further proceedings in accordance herewith.

The appellant father had a pre-existing obligation to pay child support in the sum of $100 per week. He claims that he met this obligation for as long as he was employed, but that he has been unable to do so since he became unemployed. No competent evidence in the record contradicts this statement...

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