MITGANG v. MITGANG

ORDERED that the order and judgment are affirmed insofar as appealed from, with costs.

The Supreme Court did not err in finding the defendant in contempt for failing to make pendente lite support payments in accordance with a prior court order. The defendant did not refute the plaintiff's showing that his failure to make the required payments was willful (see, Matter of Jaffe v. Jaffe, 248 A.D.2d 471).

Additionally, "in determining a party's child support obligation, a court need not rely upon the party's own account of his or her finances but may impute income based upon the party's past income or demonstrated earning potential" (Phillips v. Phillips, 249 A.D.2d 527). The defendant failed to provide evidentiary support, other than his own testimony, that he could not find employment commensurate with his prior income which, for the years prior to the divorce action averaged $133,716 (see generally, Matter of Dallin v. Dallin, 250 A.D.2d 847). Accordingly, the Supreme Court providently exercised its discretion in imputing an income of $133,716 to the defendant and determining his child support obligation based upon that amount.

The defendant's remaining contentions are without merit.

O'BRIEN, J.P., ALTMAN, LUCIANO and ADAMS, JJ., concur.