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BERNSTEIN v. BERNSTEIN
Appellate Division of the Supreme Court of New York, Second Department.
May 23, 2005
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Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.
The defendant failed to establish a substantial, unanticipated, and unreasonable change in circumstances warranting a reduction in his child support obligation ( see Matter of DeCamp v. DeCamp, 8 AD3d 274).
The defendant's willful violation of the order awarding child support was established by evidence that he failed to pay the ordered support ( see Matter of Powers v. Powers, 86 NY2d 63, 69-70; Matter of Powers v. Horner, 12 AD3d 609; Matter of Cadle v. Hill, 1 AD3d 434; Matter of Statfeld, 296 AD2d 415). The defendant failed to rebut this prima facie evidence in that he did not show an inability to make the required payments.
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