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MATTER OF SASHA R. v. MARCUS L.

Docket No. F-23472-18/19D. Appeal No. 13101. Case No. 2020-01751.

191 A.D.3d 511 (2021)

138 N.Y.S.3d 319

2021 NY Slip Op 00916

In the Matter of Sasha R., Respondent, v. Marcus L., Appellant.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Andrew J. Baer , New York, for appellant.

Kramer Levin Naftalis & Frankel LLP, New York ( Reyhan A. Watson of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.

The court properly confirmed the Support Magistrate's finding that respondent willfully violated the support order. Failure to pay support, as ordered, constituted prima facie evidence of a willful violation (see Family Ct Act § 454[3][a]). The burden then shifted to respondent to present "some competent, credible evidence of his inability to make the required payments" (Matter of Powers v Powers, 86 N.Y.2d 63, 69-70...

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