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MATTER OF SCHAFER v. SCHAFER

274 A.D.2d 961 (2000)

710 N.Y.S.2d 829

In the Matter of KAREN SCHAFER, Respondent, v. TIMOTHY SCHAFER, Appellant.

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

Decided July 7, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court erred in confirming the Hearing Examiner's finding that respondent willfully violated an order of support. "In order to establish a willful failure to pay support, petitioner had the burden of proving, by clear and convincing evidence * * * that respondent had the ability to pay" (Matter of Edwards v Johnson, 233 A...

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