Opinion
February 17, 1998
Appeal from the Family Court, Orange County (Bivona, J.).
Ordered that the order is affirmed, without costs or disbursements.
The proof before the Family Court of the father's failure to pay court-ordered child support constituted prima facie evidence of a willful violation of the support order ( see, Family Ct Act § 454 [a]). The burden of going forward then shifted to the father to offer competent, credible evidence of his inability to comply with the order ( see, Matter of Powers v. Powers, 86 N.Y.2d 63). The father, however, failed to present any credible proof that he was financially unable to make the required payments.
The father's remaining contention is without merit.
Thompson, J. P., Joy, Goldstein and Luciano, JJ., concur.