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MATTER OF MODICA v. THOMPSON

258 A.D.2d 653 (1999)

685 N.Y.S.2d 783

In the Matter of LAURIE MODICA, Respondent, v. ROBERT THOMPSON, Appellant.

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

Decided February 22, 1999.

Ordered that the order is affirmed insofar as appealed from, 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...

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