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MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT). ​

The Third Department, reversing Family Court, determined mother had demonstrated that father’s violation of the separation agreement was willful, entitling mother to attorney’s fees:

Family Court’s determination that the mother failed to prove a willful violation is not supported by the record or the law. The mother’s testimonial and documentary submissions were amply sufficient to make a prima facie showing that the father’s delays and failures to satisfy his obligations were willful violations, thus shifting the burden to him to demonstrate his inability to pay … . In response, the father made no effort to show that he could not meet his obligations; indeed, he admitted that he did not make the orthodontic payment or turn over the tax information until he was ordered to do so. Accordingly, he failed to satisfy his burden… . Family Court thus erred in dismissing the mother’s objections. Contrary to the court’s determination, the fact that the father had paid his obligations by the time of the hearing — at least in part, because he was ordered to do so — does not negate the evidence that he repeatedly delayed in fulfilling some of his responsibilities and completely avoided others, forcing the mother to make repeated efforts to obtain his compliance and, finally, to commence this proceeding. Matter of Shkaf v Shkaf, 2018 NY Slip Op 04052, Third Dept 6-7-18

FAMILY LAW (SEPARATION AGREEMENTS, MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT))/ATTORNEYS (FAMILY LAW, (SEPARATION AGREEMENTS, MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT))/ATTORNEY’S FEES (FAMILY LAW, MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT))/SEPARATION AGREEMENTS (VIOLATION, ATTORNEY’S FEES,  MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT))/CONTRACT LAW (FAMILY LAW, SEPARATION AGREEMENTS, MOTHER DEMONSTRATED FATHER WILLFULLY VIOLATED THE SEPARATION AGREEMENT AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (THIRD DEPT))

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