(Download) "Matter Nancy A. Ciaravino v. Salvatore G. Ciaravino" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Nancy A. Ciaravino v. Salvatore G. Ciaravino
- Author : Supreme Court of New York
- Release Date : January 10, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In our opinion the record before us is inadequate to make a proper determination on the issues of appellant's finances, the
date and effect of the parties' Mexican divorce, and the employment of the parties' children. The matter must therefore be
remitted to the Family Court for a rehearing, wherein the court should determine the effect of the parties' Mexican divorce
upon appellant's duty to support petitioner (Matter of Carter v. Carter, 19 A.D.2d 513; Matter of Travis v. Travis, 54 Misc.
2d 575; Lynn v. Lynn, 302 N. Y. 193, 203; Lappert v. Lappert, 20 N.Y.2d 364). Upon appellant's motion for a modification the
court should review his finances and consider the periods, if any, during which either of the children of the parties was
employed and self-supporting, up to the time of the rehearing. In its discretion and with due regard for the circumstances,
the court may abate the arrears for any such period (Dearborn v. Dearborn, 278 App. Div. 943). Appellant contends he was entitled
to a jury trial upon the issue of whether he had willfully failed to comply with the order of support. This contention is
without merit. Section 454 of the Family Court Act provides that commitment thereunder shall not exceed six months and thereby
creates a petty offense not requiring a trial by jury (United States ex rel. Griffin v. Martin, 409 F. 2d 1300; Baldwin v.
New York, 399 U.S. 66).
 "Matter Nancy A. Ciaravino v. Salvatore G. Ciaravino" by Supreme Court of New York ~ eBook PDF Kindle ePub Free){kind=link}