Fraser v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The mother’s proof that the father failed to pay child support as ordered constituted prima facie evidence of the father’s willful violation of the support order (see Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 NY2d 63, 69 [1995]; Matter of Smith v Smith, 55 AD3d 743 [2008]; Matter of Ferrara v Ferrara, 52 AD3d 599, 600 [2008]). The father failed to rebut this prima facie evidence of willfulness by offering competent, credible evidence of his inability to pay (see Matter of Accettulli v Accettulli, 38 AD3d 766, 767 [2007]; Matter of Vasconcellos v Vasconcellos, 37 AD3d 613…
2Cases cited10 opinions
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Teller v. TubbsAppellate Division of the Supreme Court of the State of New York · 2006
- Bronstein-Becher v. BecherAppellate Division of the Supreme Court of the State of New York · 2006
- Kainth v. KainthAppellate Division of the Supreme Court of the State of New York · 2007
- Accettulli v. AccettulliAppellate Division of the Supreme Court of the State of New York · 2007
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Greene-Tyus v. TyusAppellate Division of the Supreme Court of the State of New York · 2009
- Maldonado v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2010
- Burns v. SternbergAppellate Division of the Supreme Court of the State of New York · 2013
- Mizrachi v. MizrachiAppellate Division of the Supreme Court of the State of New York · 2011
- Burns v. SternbergAppellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.