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MATTER OF RITA F.H. v. JESSE M.H.

5805. 5804. 5803. 5802. 5801. 5800.

158 A.D.3d 572 (2018)

71 N.Y.S.3d 53

2018 NY Slip Op 01264

In the Matter of RITA F.H., Appellant, v. JESSE M.H., Respondent. In the Matter of JESSE M.H., Appellant, v. RITA F.H., Respondent.

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

Decided February 22, 2018.

Petitioner presented prima facie evidence of respondent's willful violation of a support order. In opposition, respondent failed to show by competent, credible evidence that his retirement was mandated by his medical condition so that he was incapable of making the required payments (see generally Matter of Powers v Powers, 86 N.Y.2d 63, 69-70 [1995]). As the record reveals, the testimony of respondent's physician was inconsistent...

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