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MATTER OF EVE S.P. v. STEVEN N.S.

10312. 10311. 10310.

177 A.D.3d 425 (2019)

114 N.Y.S.3d 352

2019 NY Slip Op 08130

In the Matter of Eve S.P., Appellant, v. Steven N.S., Respondent.

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

Decided November 12, 2019.

By submitting evidence that respondent was delinquent in his support payments (see Family Ct Act § 454[3][a]), petitioner established prima facie that respondent willfully violated his child support obligations. Respondent failed to rebut this prima facie showing by presenting evidence of his inability to pay (see Matter of Powers v Powers, 86 N.Y.2d 63, 69-70 [1995]). He testified to a loss of income but failed to provide...

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