Legal Opinion

Barksdale 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 committed him to a four-month jail term. We affirm the order with respect to the willful violation of the support order. “There is a presumption that a respondent has sufficient 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 AD3d 1452, 1452…

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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