Opinion
2013-06-5
In the Matter of Merissa D'Andrade DENSING, respondent, v. Ronald J. DENSING, appellant.
Marina M. Martielli, East Quogue, N.Y., for appellant.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from stated portions of an order of commitment of the Family Court, Suffolk County (Hoffmann, J.), dated June 5, 2012, which was issued upon the confirmation of an order of disposition and findings of fact of the same court (Fields, S.M.), both dated June 5, 2012, made after a hearing, finding that he willfully violated a child support order.
ORDERED that the order of commitment is affirmed insofar as appealed from, without costs or disbursements.
Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support ( seeFamily Ct. Act § 454[3][a]; Matter of Powers v. Powers, 86 N.Y.2d 63, 68–69, 629 N.Y.S.2d 984, 653 N.E.2d 1154). Once a prima facie showing has been made, the burden shifts to the party that owes the support to offer some competent, credible evidence of his or her inability to make the required payments ( see Matter of Powers v. Powers, 86 N.Y.2d at 69–70, 629 N.Y.S.2d 984, 653 N.E.2d 1154). Here, upon the mother's prima facie showing of the father's failure to pay child support as ordered, the father failed to meet his burden of offering competent, credible evidence of his inability to make the required payments ( see Matter of Kaplan v. Kaplan, 102 A.D.3d 873, 873, 957 N.Y.S.2d 903;Matter of Logue v. Abell, 97 A.D.3d 582, 583, 947 N.Y.S.2d 329;Matter of Phillips v. Giddings, 96 A.D.3d 950, 951, 946 N.Y.S.2d 496;Matter of Cooper v. Robertson, 69 A.D.3d 714, 714, 892 N.Y.S.2d 522;see also Family Ct. Act § 424–a[b] ). Accordingly, the Family Court properly determined that the father willfully violated an order of child support.
The father's remaining contentions are without merit or are not properly before this Court.