Legal Opinion

Cattaraugus County Department of Social Services v. Gore

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 2012Published

1Opinion of the Court

Memorandum: Respondent appeals from an order confirming the determination of the Support Magistrate that respondent had willfully violated a prior child support order and that directed that he be incarcerated for a period of four months. We affirm the order with respect to the willful violation of the support order. “There is a presumption that a respondent has suf*1740ficient means to support his or her . . . minor children . . . , and the evidence that respondent failed to pay support as ordered constitutes "prima facie evidence of a willful violation’ ” (Matter of Christine L.M. v Wlodek K., 45…

2Cases cited6 opinions

  1. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  2. Christine L.M. v. Wlodek K.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 2006
  4. Lomanto v. SchneiderAppellate Division of the Supreme Court of the State of New York · 2010
  5. C., ALEX A., MTR. OFAppellate Division of the Supreme Court of the State of New York · 2011

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