Orange County Department of Social Services v. Marvin

Appellate Division of the Supreme Court of New York

Orange County Department of Social Services v. Marvin

78 A.D.3d 838, 910 N.Y.S.2d 365

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 9, 2010

StatusPublished

This text of 78 A.D.3d 838 (Orange County Department of Social Services v. Marvin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orange County Department of Social Services v. Marvin, 78 A.D.3d 838, 910 N.Y.S.2d 365 (N.Y. Ct. App. 2010).

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Opinion

—In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Orange County (Kiedaisch, J.), dated April 17, 2009, which found that he willfully violated a prior order of support, and directed him to pay child support arrears in the sum of $22,807.44.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court did not err in finding that the father had willfully violated a prior order of support. Proof of the father’s failure to pay child support constituted “prima facie evidence of a willful violation” (Family Ct Act § 454 [3] [a]), and shifted the burden to him to come forward with competent credible evidence of his inability to do so (see Matter of Powers v Powers, 86 NY2d 63, 69-70 [1995]; Yeager v Yeager, 38 AD3d 534 [2007]). In opposition, the father failed to offer competent proof of his inability to pay despite his gainful employment.

The father’s remaining contentions are without merit. Rivera, J.P., Covello, Santucci and Sgroi, JJ., concur.

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—In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Orange County (Kiedaisch, J.), dated April 17, 2009, which found that he willfully violated a prior order of support, and directed him to pay child support arrears in the sum of $22,807.44.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court did not err in finding that the father had willfully violated a prior order of support. Proof of the father’s failure to pay child support constituted “prima facie evidence of a willful violation” (Family Ct Act § 454 [3] [a]), and shifted the burden to him to come forward with competent credible evidence of his inability to do so (see Matter of Powers v Powers, 86 NY2d 63, 69-70 [1995]; Yeager v Yeager, 38 AD3d 534 [2007]). In opposition, the father failed to offer competent proof of his inability to pay despite his gainful employment.

The father’s remaining contentions are without merit. Rivera, J.P., Covello, Santucci and Sgroi, JJ., concur.

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Bluebook (online)

78 A.D.3d 838, 910 N.Y.S.2d 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-county-department-of-social-services-v-marvin-nyappdiv-2010.

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