In Provencal-Dayle v. Dayle , when Dwight Dayle "willfully" failed to make child support payments ordered by the New York County Family Court, a Support Magistrate recommended Dwight be incarcerated for 30 days unless he deposited a $35,000 undertaking with the Court.
When the Family Court rejected the Support Magistrate's recommendation and increased the penalty to "6-month sentence of incarceration until a $60,000 undertaking was paid," an appeal to the Appellate Division, First Department, followed.
While Dwight claimed that the evidence didn't justify the outcome, he failed to supply the court with a complete record of the hearing. As a result, the AD1 wasn't supportive of his challenge. Furthermore, because Dwight had a history of financial delinquency, the AD1 was of the opinion that the Family Court hadn't erred when it disregarded the Support Magistrate's recommendation.
The AD1 really supported that.
To download a copy of the Appellate Division's decision, please use this link: Provencal-Dayle v. Dayle