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MATTER OF GINA C. v. AUGUSTO C.

12156

116 A.D.3d 478 (2014)

983 N.Y.S.2d 261

2014 NY Slip Op 2393

In the Matter of GINA C., Respondent, v. AUGUSTO C., Appellant.

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

Decided April 8, 2014.

The Support Magistrate properly found that respondent willfully violated the order of child support. Petitioner established prima facie that respondent's failure to pay child support over a five year period was a willful violation of the order of support. In response, respondent failed to show that the violation was not willful by evidence that he was unable to make the required payments (see Matter of Powers v Powers, 86 N.Y.2d 63

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