Probation Administrator v. Prospero

Order unanimously reversed, without costs, and petition dismissed. Memorandum: Not only does the record not support the order for increased payments on arrearages, but no fact adduced would permit the court to find that defendant willfully violated the prior order so as to subject him to a penalty pursuant to subdivision (a) of section 454 of the Family Court Act. (Matter of Atkins v. Atkins, 28 A D 2d 1098; Cardona v. Perez, 28 A D 2d 673; Matter of Emerick v. Emerick, 24 A D 2d 872.) The testimony in the instant record was deficient in failing to establish even the current income of the…