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MARCUS v. MARCUS

14 A.D.3d 359 (2005)

788 N.Y.S.2d 341

LISA MARCUS, Respondent, v. BARRY MARCUS, Appellant, et al., Defendant.

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

January 6, 2005.

There was clear and convincing evidence that the husband's failure to pay child support and maintenance was willful. After plaintiff demonstrated that her husband's failure to make these payments was not inadvertent, he failed to sustain his burden of showing, with competent and credible evidence, his inability to pay (see Matter of Powers v Powers, 86 N.Y.2d 63 [1995]). Among other flaws...

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