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Matter of Knights v. Knights

Court of Appeals of the State of New York
Mar 29, 1988
71 N.Y.2d 865 (N.Y. 1988)

Summary

finding that obligor's financial hardship resulted solely from his wrongful conduct

Summary of this case from Halliwell v. Halliwell

Opinion

Argued February 5, 1988

Decided March 29, 1988

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Leaman, J.

Lois Goland, David C. Leven and Paul W. Van Ryn for appellant.

Richard R. Hogle for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Following his conviction of a felony resulting in a prison sentence, petitioner applied to Family Court for a modification of a child support obligation fixed in a prior support order. Family Court denied petitioner's application, concluding that it would be unfair for an individual who had freely chosen to commit a crime to be relieved from the accrual of a support obligation. The court thus decided the support order should remain in effect during the period of petitioner's incarceration, but held that at the time of petitioner's release, it would determine whether to enter judgment on the entire amount due, or to forgive part of the arrears that had accumulated since the filing of the application. The Appellate Division affirmed, concluding that Family Court had not abused its discretion.

In exercising its discretion whether to modify a child support order, Family Court may consider various factors, including "a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent" (Matter of Brescia v Fitts, 56 N.Y.2d 132, 141 [citations omitted]; see, Family Ct Act § 451; Besharov, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 451, at 341). Significantly, the court may consider whether a supporting parent's claimed financial difficulties are the result of that parent's intentional conduct (see, e.g., Matter of Doscher v Doscher, 54 N.Y.2d 655, affg 80 A.D.2d 945 [supporting parent's lower income attributable to voluntary decision to accept less lucrative employment]; Weinberg v Weinberg, 95 A.D.2d 828 [supporting parent's financial difficulties direct result of debts incurred through gambling]). Here, it is undisputed that petitioner's current financial hardship is solely the result of his wrongful conduct culminating in a felony conviction and imprisonment. Thus, it cannot be said that Family Court abused its discretion in determining that these "changed financial circumstances" warranted neither a reduction of petitioner's child support obligation nor a suspension in the accrual of the support payments during the period of petitioner's incarceration.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., BELLACOSA and DILLON concur.

Designated pursuant to N Y Constitution, article VI, § 2.

Order affirmed, with costs, in a memorandum.


Summaries of

Matter of Knights v. Knights

Court of Appeals of the State of New York
Mar 29, 1988
71 N.Y.2d 865 (N.Y. 1988)

finding that obligor's financial hardship resulted solely from his wrongful conduct

Summary of this case from Halliwell v. Halliwell

concluding that trial court did not abuse its discretion in determining that father's incarceration and ensuing financial hardship were not changed circumstances warranting reduction or suspension of child support payments

Summary of this case from Herring v. Herring

In Matter of Knights v. Knights (71 N.Y.2d 865, 867), the Court of Appeals determined that Family Court did not abuse its discretion in refusing to reduce petitioner's child support obligation where "it [was] undisputed that petitioner's current financial hardship [was] solely the result of his wrongful conduct culminating in a felony conviction and imprisonment."

Summary of this case from Onondaga Cty. Dept. of S.S. v. Timothy S

In Matter of Knights v. Knights (71 NY2d 865), the Court of Appeals stated that "[i]n exercising its discretion whether to modify a child support order, Family Court may consider various factors, including... whether a supporting parent's claimed financial difficulties are the result of that parent's intentional conduct."

Summary of this case from Doe v. Doe
Case details for

Matter of Knights v. Knights

Case Details

Full title:In the Matter of ROBERT W. KNIGHTS, Appellant, v. JOAN KNIGHTS, Respondent

Court:Court of Appeals of the State of New York

Date published: Mar 29, 1988

Citations

71 N.Y.2d 865 (N.Y. 1988)
527 N.Y.S.2d 748
522 N.E.2d 1045

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