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Fourth Department — Bushnell v. Bushnell

Appellate Division, Fourth Department

Child Support

Bankrupt Business

Bushnell v. Bushnell
CAF 11-00001
Appealed from Family Court, Ontario County

Background: The respondent appealed from an order finding that he willfully violated a prior order of child support and sentenced him to six months of weekends in jail. The respondent argued that his business had failed in the economic downturn, rendering him unable to make the required support payments.

Ruling: The Appellate Division affirmed. The court held that the burden was on the respondent and he failed to meet that burden. The record established that the respondent failed to actively pursue other employment options after his business deteriorated.

Cara A. Waldman for the respondent-appellant; Dwight R. Collin of Nixon Peabody for the petitioner-respondent