Long Island’s Best Divorce Lawyer said this was the appeal of an order of the Family Court. The Family Court had determined the Father willfully violated a prior order of child support and as such, the Father was directed to pay a money judgment in favor of the Mother.
A Nassau County Divorce Attorney said that in support proceedings where there is evidence of a father’s failure to pay child support pursuant to an order, this typically constitutes as prima facie evidence that the violation was willful. In such an instance the burden shifts to the father to provide the court with “competent, credible evidence of his inability to make the required payments.” However, in this case, the Appellate Division found the father had not sustained this burden. The Father asserted that he was unemployed and therefore unable to pay the child support. Despite this assertion the Father could not overcome the Mother’s prima facie showing because he lacked any credible evidence that he was actively seeking employment.
The experienced family law attorneys at Simonetti & Associates can assist you with issues you may have concerning child support. We are pleased to be voted Best Divorce Attorney on Long Island. Call us today!