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MARIA v. KWAME
Respondent's admitted failure to pay support as ordered constituted prima facie evidence of a willful violation, and shifted to him the burden of going forward ( Matter of Powers v Powers, 86 NY2d 63, 68-69). There is no basis for disturbing the Support Magistrate's findings, based largely on his assessments of witness credibility ( see Matter of Childress v Samuel, 27 AD3d 295, 296), that respondent failed to show that he had made reasonable efforts to obtain gainful employment ( see Spector v Spector, 18 AD3d 380, 382; Matter of Dorner v McCarroll, 271 AD2d 530) or to demonstrate through admissible evidence ( see Family Ct Act ยง 439 [d]; Matter of Commissioner of Social Servs. v Albertson, 233 AD2d 441) other than his own testimony that a medical condition prevented him from working full time. We note that, even if he went abroad to care for a sick parent, his choice to forgo employment to do so constituted a willful violation ( see Griffin v Griffin, 294 AD2d 188).
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