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MATTER OF AHREM v. CATTELL

254 A.D.2d 352 (1998)

678 N.Y.S.2d 296

In the Matter of Deborah Ahrem, Respondent, v. Richard Cattell, Appellant

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

October 13, 1998

Ordered that the orders are affirmed, without costs or disbursements.

A prima facie case of willful violation was established by the proof that the father had not paid court ordered child support (see, Family Ct Act § 454 [3] [a]). At that point, the burden of proving inability to pay shifted to the father (see, Matter of Powers v Powers, 86 N.Y.2d 63). We decline...

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