| Matter of Logue v Abell |
| 2012 NY Slip Op 05420 [97 AD3d 582] |
| July 5, 2012 |
| Appellate Division, Second Department |
| In the Matter of Toni E. Logue, Respondent, v Nikolas O.Abell, Appellant. |
—[*1] Toni E. Logue, Baldwin, N.Y., respondent pro se.
In a support proceeding pursuant to Family Court Act article 4, the father appeals from anorder of the Family Court, Nassau County (Dane, J.), dated June 14, 2011, which denied hisobjections to an order of the same court (Watson, S.M.), dated March 23, 2011, which, after ahearing, inter alia, found that he willfully violated a prior order of support and directed that amoney judgment be entered in favor of the mother.
Ordered that the order dated June 14, 2011, is affirmed, without costs or disbursements.
The Family Court correctly denied the father's objections to the Support Magistrate'sdeterminations. Evidence of the father's failure to pay child support as ordered constituted primafacie evidence of a willful violation (see Family Ct Act § 454 [3] [a]; Matter of Cooper v Robertson, 69AD3d 714, 714 [2010]). The burden then shifted to the father to offer competent, credibleevidence of his inability to make the required payments (see Matter of Powers v Powers,86 NY2d 63, 69 [1995]). The father, who the Support Magistrate found lacked credibility in histestimony regarding his search for employment, failed to sustain this burden. Although the fatherasserted that he was unemployed and had no money to pay child support, he did not presentcompetent, credible evidence that he had actively sought employment sufficient to rebut themother's prima facie showing (see Matter of Cooper v Robertson, 69 AD3d at 714;see also Matter of Richards v Bailey, 296 AD2d 412, 413 [2002]; Matter of Fallon vFallon, 286 AD2d 389, 389 [2001]).
The father's remaining contentions are without merit. Angiolillo, J.P., Belen, Chambers andAustin, JJ., concur.