LIVINGSTON CTY. CHILD SUPPORT v. GRIMMELT

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We reject the contention of respondent that Family Court erred in committing him to jail pursuant to Family Act § 454(3)(a) based upon his willful violation of a child support order. The record supports the court's determination that respondent failed to present credible evidence that he was financially unable to comply with the order (see Matter of Powers v. Powers, 86 N.Y.2d 63, 70; Matter of Commission of Social Servs. [Edwards] v. Rosen, 289 A.D.2d 487, 488).