Legal Opinion
Heinz v. Faljean
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 7 opinions
1Opinion of the Court
*666Contrary to the father’s contention, the mother satisfied her burden of presenting prima facie evidence of nonpayment of child support (see Matter of Powers v Powers, 86 NY2d 63, 69 [1995]). The burden then shifted to the father to offer competent, credible evidence of his inability to comply with the support order (see Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 NY2d at 69-70). The father, however, failed to appear for the hearing, and a finding of willfulness was properly entered on default.
Furthermore, the court properly denied the father’s motion to vacate the default. “A…
2Cases cited5 opinions
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- Kaplinsky v. MazorAppellate Division of the Supreme Court of the State of New York · 2003
- Dominguez v. CariosciaAppellate Division of the Supreme Court of the State of New York · 2003
- Silverman v. DeutschAppellate Division of the Supreme Court of the State of New York · 2001
- O'Leary v. NoutsisAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Larrier v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
- Weintrob v. WeintrobAppellate Division of the Supreme Court of the State of New York · 2011
- Greene-Tyus v. TyusAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Saraguard v. SaraguardAppellate Division of the Supreme Court of the State of New York · 2015
- Shvetsova v. PadernoAppellate Division of the Supreme Court of the State of New York · 2011
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