Opinion
8610
03-07-2019
In re CIAIRA C., Petitioner–Respondent, v. ALVERT R., Respondent–Appellant.
Bruce A. Young, New York, for appellant.
Bruce A. Young, New York, for appellant.
Renwick, J.P., Manzanet–Daniels, Tom, Kahn, Gesmer, JJ.
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about April 11, 2018, which, after a hearing, committed respondent father to the New York City Department of Corrections for a term of three months intermittent weekend incarceration, unless sooner discharged based upon a payment of $ 3,500 of child support arrears, confirming the findings of the Support Magistrate, entered on or about February 28, 2018, that respondent had willfully violated an order, dated June 16, 2013, which directed him to make monthly payments of $ 400 in child support, unanimously affirmed, without costs.
While petitioner presented prima facie evidence of respondent's willful violation of a lawful support order, respondent failed to rebut the showing with credible evidence of income, assets or means of support (see Matter of Powers v. Powers , 86 N.Y.2d 63, 69, 629 N.Y.S.2d 984, 653 N.E.2d 1154 [1995] ). We agree with the court's determination to order either three months of intermittent incarceration on weekends or a purge payment of $ 3,500 ( Matter of Nancy R. v. Anthony B. , 121 A.D.3d 555, 995 N.Y.S.2d 18 [1st Dept. 2014] ).
We have considered respondent's remaining arguments and find them unavailing.