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MATTER OF ANA B. v. HECTOR N.

8557.

100 A.D.3d 476 (2012)

953 N.Y.S.2d 587

2012 NY Slip Op 7600

In the Matter of ANA B., Respondent, v. HECTOR N., Appellant.

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

November 13, 2012.

Respondent's testimony acknowledging the child support arrears constituted prima facie evidence of a willful violation of the support order, which he failed to rebut with competent, credible evidence of his inability to make the required payments (see Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 N.Y.2d 63, 68-69 [1995]). There is no basis to disturb the Support Magistrate's findings, which are supported...

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