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Usack v. Usack

Appellate Division of the Supreme Court of New York

17 A.D.3d 736 (N.Y. App. Div. 2005)

Relevant factsFree

After Linda Usack (defendant) had an affair, James Usack (plaintiff) filed for divorce and told the couple's three children about the affair, after which James actively worked to shield the children from Linda, rejecting her attempts to maintain a relationship and encouraging the children's anger toward her; the court awarded James custody and ordered Linda to pay child support, and Linda appealed, arguing her payments should be suspended given James's conduct.

IssueFree

Whether child-support payments may be suspended if the noncustodial parent can establish that the custodial parent has unjustifiably frustrated the noncustodial parent's right of reasonable access to the children.

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