IN THE MATTER OF RAWLINS v. WILLIAMS

Ordered that the appeal from so much of the order as committed the father to a term of incarceration of six months is dismissed as academic, without costs or disbursements, as the period of incarceration has expired; and it is further,

Ordered that the order of commitment is affirmed insofar as reviewed, without costs or disbursements.

The father's concession that he failed to pay support constituted prima facie evidence of his willful violation of the support order ( see Matter of Powers v. Powers, 86 NY2d 63, 69). The burden of going forward then shifted to the father to rebut the prima facie evidence by offering some competent, credible evidence of his inability to make the required payments ( see Matter of Powers v. Powers, supra). Since the father failed to rebut this evidence, the Family Court properly found that the father willfully violated the support order.