IN RE: Susan A. PAIGE (2008)

 Respondent father appeals from an order finding that he willfully violated an order of child support and sentencing him to six months in jail.  “The evidence before the Support Magistrate supports the finding that [the father] willfully violated the order of support,” and thus Family Court properly confirmed that finding (Matter of Hunt v. Hunt, 30 A.D.3d 1065, 1065, 815 N.Y.S.2d 866).   The father is presumed to have sufficient means to support his minor children (see Family Ct. Act § 437), and petitioner presented “prima facie evidence of a willful violation” of the support order, i.e., the father's failure to pay support as ordered (§ 454[3][a] ).   The burden then shifted to the father “to offer some competent, credible evidence of his inability to make the required payments” (Matter of Powers v. Powers, 86 N.Y.2d 63, 69-70, 629 N.Y.S.2d 984, 653 N.E.2d 1154;  see Matter of Christine L.M. v. Wlodek K., 45 A.D.3d 1452, 846 N.Y.S.2d 849;  Matter of Fogg v. Stoll, 26 A.D.3d 810, 809 N.Y.S.2d 368).   The father failed to meet that burden because, although he contended that he was unable to obtain employment based on his disability, he failed to introduce medical evidence supporting that contention (see Matter of Greene v. Holmes, 31 A.D.3d 760, 762, 820 N.Y.S.2d 597;  Fogg, 26 A.D.3d 810, 809 N.Y.S.2d 368).   The contention of the father that he was denied effective assistance of counsel is raised for the first time in his reply brief and thus is not properly before us (see Notaro v. Power Auth. of State of N.Y., 41 A.D.3d 1318, 1319, 840 N.Y.S.2d 683, lv. dismissed 9 N.Y.3d 935, 844 N.Y.S.2d 776, 876 N.E.2d 503;  Turner v. Canale, 15 A.D.3d 960, 790 N.Y.S.2d 347, lv. denied 5 N.Y.3d 702, 799 N.Y.S.2d 773, 832 N.E.2d 1189).

We have considered the father's remaining contentions and conclude that they are without merit.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: