MATTER OF JOHN v. JOHN


292 A.D.2d 387 (2002)

738 N.Y.S.2d 612

In the Matter of GRAHAM W. JOHN, Respondent, v. BETTY E. JOHN, Also Known as BETTY E. BRUCE, Appellant.

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

Decided March 4, 2002.


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

"[F]ailure to pay support as ordered itself constitutes `prima facie evidence of a willful violation'" (Matter of Powers v Powers, 86 N.Y.2d 63, 69, quoting Family Ct Act § 454 [3] [a]). Thus, proof that the mother failed to pay support as ordered alone establishes willfulness, shifting the burden of going forward to the mother to demonstrate some evidence...

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