Suspension For Failure To Pay Child Support

An attorney has been suspended for failure to pay child support notwithstanding his claim of financial inability.

The New York Appellate Division for the Second Judicial Department suspended the attorney

In his affirmation in opposition, the respondent admitted that the arrears had not been paid, but claimed that he could not pay the arrears, inter alia, based upon an inability to work and lack of assets. Nevertheless, as provided for in Judiciary Law § 90(2-a)(b), “[t]he only issue to be determined as a result of the hearing is whether the arrears have been paid. No evidence with respect to the appropriateness of the court order or ability of the respondent party in arrears to comply with such order shall be received or considered by the disciplinary committee.” Further, we find the respondent’s request to refrain from taking any action concerning his license to be unsupported by Judiciary Law § 90(2-a)(d) which, in pertinent part, states that “the license to practice law in this state of an attorney admitted to practice shall be suspended by the appellate division if, at the hearing provided for by paragraph b of this subdivision, the licensed attorney fails to present proof of payments as required by such subdivision.”

…we conclude that the procedural requirements under Judiciary Law § 90(2-a)(b) were satisfied, and the respondent failed to appear at the hearing and present proof that full payment of all child support arrears as established by the Family Court’s order dated September 16, 2016, to be due have been paid. Accordingly, on the Court’s own motion, effective immediately, pursuant to Judiciary Law § 90(2-a)(d), the respondent is suspended from the practice of law (see Matter of Updegraff, 242 AD2d 119).

(Mike Frisch)