Majority
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Kings County (Sacco, J.), dated February 17, 2009, which denied his objections to five orders of the same court (Fasone, S.M.), four dated March 20, 2008, and one dated June 20, 2008, which, after a hearing, inter alia, determined that he willfully violated a prior order of support, awarded the mother a money judgment for child support arrears in the principal sum of $35,464, and directed the entry of a judgment against him in the principal sum of $35,464.
Ordered that the order is affirmed, without costs or disbursements.
Great deference should be given to the determination of the Support Magistrate, who is in the best position to assess the credibility of the witnesses (see Matter of Fragola v Alfaro, 45 AD3d 684 , 685 [2007]). Contrary to the father’s contention, the Family Court properly determined that he willfully violated a prior order of support. Proof that the father failed to pay child support as ordered constituted prima facie evidence of the father’s willful violation of the order of support and shifted the
The father’s remaining contentions are without merit. Rivera, J.P., Florio, Miller and Hall, JJ., concur.
Cases cited
- Fragola v. Alfaro 45 AD3d 684 at 685 p. 916
- Powers v. Powers 86 NY2d 63 at 69-70 p. 917
- Brennan v. Burger 63 AD3d 922 at 923 p. 917
- Musarra v. Musarra 28 AD3d 668 at 669 p. 917