Opinion
1253-, 1253A Dkt. No. F-16855-17/20 Case No. 2022–03773
12-19-2023
In the Matter of KHALIA R. R., Petitioner–Respondent, v. EVANS D., Respondent–Appellant.
Bryan S. Greenberg, New York, for appellant. Steven N. Feinman, White Plains, for respondent.
Bryan S. Greenberg, New York, for appellant.
Steven N. Feinman, White Plains, for respondent.
Kapnick, J.P., Kennedy, Rodriguez, Pitt–Burke, Rosado, JJ.
Orders, Family Court, New Y0rk County (Maria Arias, J.), entered on or about July 27, 2022, which confirmed a Support Magistrate's finding that respondent father had willfully violated a court order mandating child support payments, and sentenced the father to weekend incarceration for a term of six months and set the purge amount at $7,000, unanimously affirmed, without costs.
The father failed to rebut prima facie evidence of his willful violation of the order of support entered on or about November 30, 2018 (see Family Ct Act § 454 ). The father failed to present credible evidence that his purported medical condition rendered him unable to provide support for the subject child, and that he was financially unable to pay (see e.g. Matter of April G. v. Duane M., 105 A.D.3d 491, 964 N.Y.S.2d 5 [1st Dept. 2013] ). The father also failed to provide proof that he diligently sought gainful employment during the relevant time period or was attending school (see Matter of Maria T. v. Kwame A., 35 A.D.3d 239, 240, 826 N.Y.S.2d 42 [1st Dept. 2006] ). The Support Magistrate found the father's testimony to be not credible, and there is no basis to disturb that determination ( Matter of Sharon B.-D. v. Christopher C., 174 A.D.3d 411, 107 N.Y.S.3d 1 [1st Dept. 2019] ). The father's financial disclosure affidavit reflected substantial expenses for rent on two apartments, pet care, and dry cleaning that belied his claim that he was without funds to pay support (see e.g. Matter of Jennifer D. v. Artise C.J., 154 A.D.3d 578, 62 N.Y.S.3d 346 [1st Dept. 2017] ).
The extent of civil contempt incarceration is broadly within Family Court's discretion, and commitment over weekends for six months and a purge amount of $7,000 is not excessive under the circumstances (see e.g. Matter of Columbia County Support Collection Unit v. Risley, 27 N.Y.3d 758, 37 N.Y.S.3d 210, 58 N.E.3d 382 [2016] ). This does not deprive the father of visitation, as the existing visitation order provided for weekday visitation as well as other visitation.