Lewis County Department of Social Services ex rel. Long v. Greene

—Order unanimously reversed on the law without costs and matter remitted to Lewis County Family Court for further proceedings in accordance *804with the following Memorandum: Family Court erred in holding respondent in willful violation of a child support order (see, Family Ct Act § 454) without providing him an opportunity to establish that he did not have the ability to pay the ordered support. To establish a willful violation of a support order, nonpayment as well as ability to pay must be shown (see, Matter of Williams v Williams, 91 AD2d 1044, 1045; Matter of D’Angelo v D’Angelo, 57 AD2d…