Legal Opinion
Logue v. Abell
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2012PublishedCited by 30 opinions
1Opinion of the Court
*583The Family Court correctly denied the father’s objections to the Support Magistrate’s determinations. Evidence of the father’s failure to pay child support as ordered constituted prima facie evidence of a willful violation (see Family Ct Act § 454 [3] [a]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]). The burden then shifted to the father to offer competent, credible evidence 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 his testimony regarding his search for…
2Cases cited4 opinions
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Cooper v. RobertsonAppellate Division of the Supreme Court of the State of New York · 2010
- Fallon v. FallonAppellate Division of the Supreme Court of the State of New York · 2001
- Richards v. BaileyAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by30 opinions
- McMinn v. TaylorAppellate Division of the Supreme Court of the State of New York · 2014
- Bianco v. Bruce-RossAppellate Division of the Supreme Court of the State of New York · 2013
- Kaplan v. KaplanAppellate Division of the Supreme Court of the State of New York · 2013
- Rhodes v. NelsonAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Sullivan v. KilkennyAppellate Division of the Supreme Court of the State of New York · 2016
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