| Matter of Palmer v Palmer |
| 2010 NY Slip Op 02798 [71 AD3d 1152] |
| March 30, 2010 |
| Appellate Division, Second Department |
| In the Matter of Erika Palmer, Respondent, v RichardPalmer, Appellant. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Orange County (Kiedaisch, J.), dated June 2, 2009, which deniedhis objections to an order of the same court (Krahulik, S.M.) dated March 4, 2009, which, after ahearing, found that he was in violation of a prior order of support, and directed him to payunreimbursed medical and dental expenses in the principal sum of $789.24.
Ordered that the order dated June 2, 2009, is affirmed, without costs or disbursements.
The mother met her initial burden of presenting prima facie evidence of the father'snonpayment of his child support obligation, which required him to pay his pro rata share ofunreimbursed medical and dental expenses (see Matter of Powers v Powers, 86 NY2d63, 69 [1995]; Matter of Lerner v Relkin, 27 AD3d 745, 746 [2005]; see also Matterof Paccione v Paccione, 57 AD3d 900, 902-903 [2008]). The mother met her burden throughthe submission of medical bills and her sworn testimony at the hearing. The father proffered noproof of having reimbursed the mother for any of the medical or dental expenses for which shesought reimbursement. The Family Court properly rejected the father's contention that themother was required to offset the reimbursement of medical and dental expenses from themonthly child support payments he made over the prior years.
The father's remaining contentions are without merit. Mastro, J.P., Miller, Austin andRoman, JJ., concur.