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Sharon B.-D. v. Christopher C.

Appellate Division of the Supreme Court of the State of New York
Jul 2, 2019
174 A.D.3d 411 (N.Y. App. Div. 2019)

Opinion

9790

07-02-2019

In re SHARON B.-D., Petitioner–Respondent, v. CHRISTOPHER C., Respondent–Appellant.

Carol Kahn, New York, for appellant.


Carol Kahn, New York, for appellant.

Richter, J.P., Tom, Gesmer, Kern, Moulton, JJ.

Although the father has completed his sentence, his driver's license and business license are still suspended as a result of the Family Court's finding that he willfully violated the September 23, 2011 order of child support. Accordingly, we find that this appeal is not academic (see Matter of Angela B. v. Gustavo D. , 150 A.D.3d 471, 51 N.Y.S.3d 874 [1st Dept. 2017] ; Matter of April G. v. Duane M. , 105 A.D.3d 491, 964 N.Y.S.2d 5 [1st Dept. 2013] ).

The father, however, failed to rebut the prima facie evidence of his willful violation of the order of support (see Family Ct. Act § 454[3][a] ) because he presented no evidence of his inability to provide financial support for the subject child (see Matter of Maria T. v. Kwame A. , 35 A.D.3d 239, 240, 826 N.Y.S.2d 42 [1st Dept. 2006] ). The father admitted in his testimony that he was not paying the support money because, among other things, he had two other children to support and the child was no longer a minor. He also inconsistently testified whether he had financial income. At first, the father indicated that he could not physically work to comply with the child support order. However, he also informed the court that his company received a contractual payment of $297,000 in 2016. He also requested the court to not incarcerate him because he planned to obtain additional employment as a glazier—a job that requires labor. Given the evidence, the court's assessment that the father lacked credibility should be afforded deference (see Matter of Nancy R. v. Anthony B. , 121 A.D.3d 555, 556, 995 N.Y.S.2d 18 [1st Dept. 2014] ).

In light of the father's long history of nonpayment and the large sum of arrears, which exceeds $50,000, the Family Court did not abuse its discretion in imposing a six-month jail sentence (see Matter of Leighton–Ryan v. Ryan , 274 A.D.2d 775, 776, 712 N.Y.S.2d 643 [3d Dept. 2000] ; cf. Matter of Kephart v. Kephart , 84 A.D.2d 644, 444 N.Y.S.2d 294 [3d Dept. 1981] ), and was authorized to impose a driver's license suspension and business license suspension in order to enforce the payment of arrears (see Family Ct. Act §§ 458–a[a] ; 458–b[a] ).


Summaries of

Sharon B.-D. v. Christopher C.

Appellate Division of the Supreme Court of the State of New York
Jul 2, 2019
174 A.D.3d 411 (N.Y. App. Div. 2019)
Case details for

Sharon B.-D. v. Christopher C.

Case Details

Full title:In re Sharon B.-D., Petitioner-Respondent, v. Christopher C.…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jul 2, 2019

Citations

174 A.D.3d 411 (N.Y. App. Div. 2019)
107 N.Y.S.3d 1
2019 N.Y. Slip Op. 5330

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