Opinion
10438
11-26-2019
In re AKEEMIA F., Petitioner–Respondent, v. MARK C., Respondent–Appellant.
Andrew J. Baer, New York, for appellant. Akeemia F., respondent pro se.
Andrew J. Baer, New York, for appellant.
Akeemia F., respondent pro se.
Mazzarelli, J.P., Kapnick, Gesmer, Moulton, JJ.
Order, Family Court, Bronx County (Ruben A. Martino, J.), entered on or about February 26, 2019, which confirmed the finding of the Support Magistrate, after a hearing, that respondent father willfully failed to obey an order of child support, and ordered that he be incarcerated for six months, with a purge amount set at $8,000, unanimously affirmed, without costs. Petitioner met her prima facie burden of demonstrating the father's willful violation of a lawful support order issued in 2015. In opposition, the father failed to rebut the showing with evidence of his inability to make the required payments (see Matter of Powers v. Powers, 86 N.Y.2d 63, 69–70, 629 N.Y.S.2d 984, 653 N.E.2d 1154 [1995] ). His claims that his income had decreased drastically after he lost his job as an accountant and that he had been unable to find new employment other than seasonal tax return preparation were unsubstantiated by any competent, credible evidence documenting his claimed job search and lack of income or other resources (see Matter of Nancy R. v. Anthony B., 121 A.D.3d 555, 995 N.Y.S.2d 18 [1st Dept. 2014] ; Matter of Bianca J. v. Dwayne A., 105 A.D.3d 574, 963 N.Y.S.2d 237 [1st Dept. 2013] ). There exists no basis to disturb the Support Magistrate's credibility determinations (see Nancy R. at 556, 995 N.Y.S.2d 18 ).
The court providently exercised its discretion in ordering a period of incarceration or a purge payment of $8,000 (see id. ).
We have considered the father's remaining arguments and find them unavailing.