Matter of Faulkner v. Faulkner

Full title: In the Matter of MARY FAULKNER, Respondent, v. JAMES FAULKNER, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 18, 1998

250 A.D.2d 767 (N.Y. App. Div. 1998)

671 N.Y.S.2d 997

Opinion

May 18, 1998

Appeal from the Family Court, Westchester County (Cooney, J.).

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

The proof before the Hearing Examiner of the appellant's failure to pay court-ordered child support constituted prima facie evidence of a willful violation of the support order ( see, Family Ct Act § 454[a]); The burden then shifted to the appellant to offer competent, credible evidence of his inability to comply with the order ( see, Matter of Powers v. Powers, 86 N.Y.2d 63, 69-70; Family Ct Act § 455). The appellant, however, did not sustain his burden to rebut the prima facie evidence of willfulness by showing sufficient proof of his inability to pay ( see, Family Ct Act § 454[a]; see, e.g., Matter of Bickwid v. Deutsch, 229 A.D.2d 533; see also, Matter of Powers v. Powers, supra, at 69).

Miller, J.P., Ritter, Sullivan and Pizzuto, JJ., concur.