Opinion
2002-03425
Submitted May 29, 2003.
July 21, 2003.
In a proceeding pursuant to Family Court Act article 5, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered March 14, 2002, which denied his objections to an order of the same court (Buse, H.E.), entered January 14, 2002, which, upon remand, adhered to its prior order dated December 13, 2000, made after a hearing, finding that he violated a prior order of child support and awarding arrears in the principal sum of $11,850.
Del Atwell, Montauk, N.Y., for appellant.
Robert J. Cimino, County Attorney, Central Islip, N.Y. (Jonathan R. Bloom of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order entered March 14, 2002, is modified, on the law, by reducing the award of arrears of child support from the principal sum of $11,850 to the principal sum of $500; as so modified, the order is affirmed, without costs or disbursements, and the order entered January 14, 2002, and the order dated December 13, 2000, are modified accordingly.
The father's admitted nonpayment of his child support obligation is evidence of violation of the order of support ( see Family Ct Act § 454[a]). However, the father demonstrated, by clear and convincing evidence, his inability to comply with the order ( see Matter of Powers v. Powers, 86 N.Y.2d 63, 69; Matter of Ahrem v. Cattell, 254 A.D.2d 352). The arrears in support accrued while the father's sole source of income were benefits received from Social Security Disability. Accordingly, we modify the order by reducing the amount of arrears in child support to $500 ( see Family Ct Act § 413[g]).
The parties' remaining contentions are without merit.
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.