MATTER OF WILKINSON v. WILKINSON


232 A.D.2d 572 (1996)

648 N.Y.S.2d 960

In the Matter of Rose Wilkinson, Respondent, v. Robert Wilkinson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 1996


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

The proof before the Hearing Examiner of the father'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 [3] [a]). The burden of going forward then shifted to the father to offer competent, credible evidence of his inability to comply with the order (see, Matter of Powers v Powers<...

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