Opinion
2014-01929 (Docket No. F-5430-98/13Q)
07-15-2015
In the Matter of Diana L. TOLKINEN, respondent, v. Reuben A. SIEWERT, appellant.
Salvatore C. Adamo, New York, N.Y., for appellant.
Salvatore C. Adamo, New York, N.Y., for appellant.
Opinion
Appeal from an order of commitment of the Family Court, Dutchess County (Joseph A. Egitto, J.), entered February 6, 2014. The order of commitment confirmed findings of fact and an order of disposition of that court (Steven Kaufman, S.M.), also entered February 6, 2014, made after a hearing, finding that Reuben A. Siewert willfully violated an order of child support and committed him to the custody of the Dutchess County Jail for a period of 30 days.
ORDERED that the order of commitment is affirmed, without costs or disbursements.
Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation (see Family 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 ; Matter of Kaplan v. Kaplan, 102 A.D.3d 873, 957 N.Y.S.2d 904 ). Once a prima facie showing has been made, the burden shifts to the party who 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 ; Matter of Kaplan v. Kaplan, 102 A.D.3d at 873, 957 N.Y.S.2d 904 ). Here, upon the petitioner'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 at 873, 957 N.Y.S.2d 904 ; 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 ). Accordingly, the Family Court properly determined that the father willfully violated an order of child support.
SKELOS, J.P., HALL, AUSTIN and SGROI, JJ., concur.