In the recent case of Goodine v Evans, the Appellate Court reversed the Support Magistrate’s finding of willfulness in a contempt proceeding to punish the father for failure to pay child support.
The Appellate Division found that the Support Magistrate failed to make a proper injury into the father’s financial resources before denying him free, appointed counsel.
The court held that in any proceeding in which incarceration is a possibility, a respondent is entitled to counsel, and if he can not afford to pay, counsel one will be appointed on his behalf.
If you need legal counsel in Family Court, ACS or Matrimonial proceeding please call The Law Office of Jeffrey L. Emdin at (212) 265-1350 or email at [email protected]
Posted in Family/Matrimonial Law
