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IN THE MATTER OF FALK v. OWEN

29 A.D.3d 991 (2006)

816 N.Y.S.2d 533

In the Matter of ALICIA BETH FALK, Respondent, v. MARK CHARLES OWEN, Appellant.

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

May 30, 2006.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The father's failure to pay child support as ordered constituted "prima facie evidence of a willful violation" of the Family Court's February 13, 2004, order of support (Family Ct Act § 454 [3] [a]). The burden then shifted to the father "to offer competent, credible evidence of his inability to comply with that order" (Matter of Watson v Watson,

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