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MATTER OF MELANIE C. v. CARLO B.

Dkt No. F-01701-18/18B. Appeal No. 13454. Case No. 2019-05152.

192 A.D.3d 624 (2021)

2021 NY Slip Op 01940

In the Matter of Melanie C., Respondent, v. Carlo B., Appellant.

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

Decided March 30, 2021.

Attorney(s) appearing for the Case

Law Office of Bruce A. Young, Brooklyn ( Bruce A. Young of counsel), for appellant.

Law Office of Helene Carvallo, New York ( Helene Carvallo of counsel), for respondent.

Concur—Gische, J.P., Singh, Scarpulla, Mendez, JJ.

Failure to pay child support, as ordered, constitutes prima facie evidence of a willful violation, at which point the burden shifts to the respondent to offer competent credible evidence of his or her inability to make payments as ordered (Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 N.Y.2d 63 [1995]). The father did not do so, and the court's finding of willfulness, and the penalties it imposed, were a provident...

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