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Matter of Tamborello v. Tamborello
Citation: 2020 NY Slip Op 1508Docket: 2019-07762
Court: Appellate Division of the Supreme Court of the State of New York; March 3, 2020; New York; State Appellate Court
Original Court Document: View Document
In the Matter of Tamborello v. Tamborello, the Appellate Division of the New York Supreme Court upheld a Family Court order committing George Michael Tamborello to Nassau County Jail for 180 days due to his willful violation of child support obligations. The father was previously ordered to pay monthly child support of $1,041.39 and maintenance of $758.61 following his divorce from Stella M. Tamborello in 2004. Due to his failure to pay, numerous violation petitions were filed, leading to a May 17, 2018 order requiring him to pay an additional $1,409.38 monthly toward arrears. On March 1, 2019, Stella filed a petition alleging further violations. A hearing on April 26, 2019, resulted in a determination that the father willfully failed to comply with his obligations. The subsequent order of commitment, dated May 29, 2019, confirmed the Support Magistrate's findings and imposed a purge amount of $220,560.57 for his release. The court dismissed the father's appeal regarding the length of his commitment and the purge amount as academic since his incarceration period had expired. However, the appeal concerning the willful violation determination was deemed relevant due to its potential ongoing consequences. The father bore the burden to demonstrate that his non-payment was not willful, but he failed to provide sufficient evidence, leading the court to affirm the Family Court's ruling.