Opinion
4773.
10-24-2017
In re JENNIFER D., Petitioner–Respondent, v. ARTISE C. J., Respondent–Appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. Law Office of Bruce A. Young, New York (Bruce A. Young of counsel), for respondent.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Law Office of Bruce A. Young, New York (Bruce A. Young of counsel), for respondent.
FRIEDMAN, J.P., RICHTER, ANDRIAS, GISCHE, MOULTON, JJ.
Order, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about June 8, 2015, which, upon finding that respondent father had willfully violated a court order mandating child support payments, sentenced him to incarceration for a term of six months, and set the purge amount at $5,000, unanimously affirmed, without costs.
The father failed to rebut prima facie evidence of his willful violation of the order of support entered on or about February 25, 2014 (see Family Ct. Act § 454[3][a] ). The father failed to present credible evidence that his alleged medical condition rendered him unable to provide support for the parties' children, or that he was financially unable to pay (see e.g. Matter of April G. v. Duane M., 105 A.D.3d 491, 964 N.Y.S.2d 5 [1st Dept.2013] ). The father also failed to provide proof that he diligently sought gainful employment during the relevant time period (see Matter of Maria T. v. Kwame A., 35 A.D.3d 239, 240, 826 N.Y.S.2d 42 [1st Dept.2006] ). Nor did he provide documentation in support of his uncorroborated testimony that he had only recently obtained employment as a sales representative, earning $200/week plus commission. The Support Magistrate found the father's testimony to be not credible, and there is no basis to disturb that determination (see Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept.2009] ). Evidence of the father's online social media profile reflected travel and other activity that belied his claim that he was without funds to pay support (see e.g. Matter of Powers v.
Horner, 12 A.D.3d 609, 609, 785 N.Y.S.2d 117 [2d Dept.2004] ).
The extent of civil contempt incarceration is broadly within Family Court's discretion, and commitment for up to six months and a purge amount of $5,000 is not excessive under the circumstances (see e.g. Matter of Columbia County Support Collection Unit v. Risley, 27 N.Y.3d 758, 37 N.Y.S.3d 210, 58 N.E.3d 382 [2016] ).
We have considered the father's remaining arguments and find them unavailing.