Opinion
March 22, 1999
Appeal from the Family Court, Richmond County (Clark, J.).
Ordered that the orders are affirmed, without costs or disbursements.
The father's admitted nonpayment of his child support obligation is prima facie evidence of violation of the order of support (see, Family Ct Act § 454 [a]), and he did not show, by clear and convincing evidence, his inability to comply with the order (see, Matter of Powers v. Powers, 86 N.Y.2d 63, 69; Matter of Ahrem v. Cattell, 254 A.D.2d 353). He earned a sufficient amount during the period in quesion so that the $500 limitation on child support arrears provided by Family Court Act § 413 (1) (g) does not apply (cf., Matter of Edwards v. Johnson, 233 A.D.2d 884; Matter of Nicholson v. Gavin, 207 A.D.2d 402). The amount of child support arrears from 1992 to the date of the father's modification petition was properly determined and assessed (see, Domestic Relations Law § 244; Matter of Dox v. Tynon, 90 N.Y.2d 166, 173-174; Howfield v. Howfield, 250 A.D.2d 573). The finding that his violation of the support order was willful in the years 1994 to February 1996 was supported by the evidence as found by the Hearing Examiner.
The father's contention of ineffective assistance of counsel is belied by the record.
Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.