Brandford v Brandford

Holding The Appellate Division affirmed the lower court’s order holding the plaintiff in civil contempt for willfully failing to pay child support arrears and an equitable distribution award. The court found that the plaintiff failed to demonstrate financial inability to comply with the court orders, thereby justifying the contempt findings and associated incarceration directives.

The court’s words

the referee's recommendation that the plaintiff be held in civil contempt for willfully failing to pay pendente lite child support was substantially supported by the record

2026 NY Slip Op 05270, at the official text

the evidence submitted in opposition to the defendant's motions did not establish the plaintiff's financial inability to comply with the order to pay pendente lite child support

2026 NY Slip Op 05270, at the official text

the referee's decision after hearing determined the rights of the parties with respect to the equitable distribution of the martial property at issue, expressing an unequivocal mandate upon which the civil contempt finding against the plaintiff was properly based

2026 NY Slip Op 05270, at the official text