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IN THE MATTER OF GINA JOHNSON, Respondent, v. BRIAN JOHNSON, Appellant.

DECISION ORDER

ORDERED that the order dated October 8, 2002, is affirmed, with costs.

The Family Court properly found the father to be in contempt for willfully refusing to pay court-ordered child support. The father's failure to pay support as ordered constituted "prima facie evidence of a willful violation" (Family Ct Act § 454[a]; see Matter of Powers v. Powers, 86 N.Y.2d 63, 66; Matter of Sapp v. Taylor, 298 A.D.2d 590, 591). The burden 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 at 64; Matter of Sapp v. Taylor, supra at 592). The father failed to present any credible proof that he was financially unable to meet his obligation ( see Gunn v. Gunn, 261 A.D.2d 360, 361; Matter of Porcelain v. Porcelain, 143 A.D.2d 834).

The father's remaining contention is without merit.

KRAUSMAN, J.P., McGINITY, COZIER and RIVERA, JJ., concur.

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MATTER OF JOHNSON v. JOHNSON
(Nov 24, 2003)