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ONONDAGA DSS v. TIMOTHY S.

294 A.D.2d 27 (2002)

741 N.Y.S.2d 622

In the Matter of ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of GLORIA T., Appellant, v. TIMOTHY S., Respondent.

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

May 3, 2002.

Attorney(s) appearing for the Case

David M. Stanton, Syracuse, for appellant.

Frank H. Hiscock, Legal Aid Society, Syracuse (Robert P. Rickert of counsel), for respondent.

PIGOTT, JR., P.J., PINE, SCUDDER and GORSKI, JJ., concur.

OPINION OF THE COURT

BURNS, J.

In 1991 an order of support was entered requiring respondent Timothy S. to pay child support for his three children. In 1993 he was incarcerated and was not released until the year 2000. During that period of incarceration, arrears accrued on the 1991 order of support. Upon his release, Timothy S. petitioned Family Court to modify the child support order due to a change in circumstances...

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