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MATTER OF ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES v. MARVIN

2009-04325.

78 A.D.3d 838 (2010)

910 N.Y.S.2d 365

In the Matter of ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of DORIS ZIERAN, Respondent, v. MARK MARVIN, Appellant.

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

Decided November 9, 2010.

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

The Family Court did not err in finding that the father had willfully violated a prior order of support. Proof of the father's failure to pay child support constituted "prima facie evidence of a willful violation" (Family Ct Act § 454 [3] [a]), and shifted the burden to him to come forward with competent credible evidence of his inability to do so (see Matter of Powers v Powers, ...

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