Appellate Division of the Supreme Court of New York
17 A.D.3d 736 (N.Y. App. Div. 2005)
James Usack (plaintiff) and Linda Usack (defendant) were married with three children. Linda had a good relationship with the children. After Linda had an affair with another man, James filed for divorce. James told the children about the affair, and from that point on, the children’s relationship with Linda was strained, due to James’s intentional actions. James attempted to shield the children from any contact with Linda, rejecting any attempts that Linda made to maintain a relationship. James manipulated the children by actively encouraging their anger toward Linda for the affair. The Supreme Court of New York granted James custody of the children and ordered Linda to pay child support. Linda appealed, arguing that her child-support payments should be suspended due to James’s conduct.
Rule of Law
Holding and Reasoning (Spain, J.)
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