Joseph A. Milligan, Babylon, for petitioner.
Gary Waldvogel, Smithtown, for respondent.
OPINION OF THE COURT
KERRY R. TRAINOR, J. Mr. T. has filed a petition asking this court to review his objections to a finding of willful violation of an existing order of child support that was made by Hearing Examiner Elaine Crosson. have proper records of "on the books" employment. To demonstrate to the court that he's doing all that he can to support his children, he must be prepared to show that his economic obligation to them is the priority. Certainly, by making payments on his car and boat loans, and forsaking his children, he has failed to demonstrate an inability to pay the current order of support and is unwilling to do so. The fact that the petition in bankruptcy is not seeking protection from creditors related to one of his two cars or his sailboat, so that he could support his children, serves to support the finding of willful default. Accordingly, this court finds that the Hearing Examiner properly imputed income to petitioner. There was no abuse of discretion on the part of the Hearing Examiner, and after review of the record, no error on the part of the Hearing Examiner can be found. The record reflects that the Hearing Examiner conducted a full and fair hearing on the support violation petition filed by the respondent and that the petitioner William T.'s contentions were properly considered and disregarded. Under the circumstances, there is no cause or reason to disturb the Hearing Examiner's findings. The objections are accordingly denied. The finding of willfulness with respect to petitioner William S. T.'s failure to pay support is confirmed.