MASS DOR CSE CUNNINGHAM v. HAYSTRAND (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of MASS DOR/CSE, on Behalf of Kathleen CUNNINGHAM, Respondent, v. John HAYSTRAND, Appellant.

Decided: December 31, 1998

PRESENT: DENMAN, P.J., GREEN, HAYES, CALLAHAN and BALIO, JJ.

L. Edward Monaghan, Canandaigua, for Respondent-Appellant. Ontario County Attorney's Office (Philip Van Der Karr, of counsel), Canandaigua, for Petitioner-Respondent.

The record supports Family Court's determination that respondent willfully violated a prior support order. Respondent's undisputed failure to pay support constitutes prima facie evidence of willfulness (see, Family Ct. Act § 454[3][a]; Matter of Powers v. Powers, 86 N.Y.2d 63, 69, 629 N.Y.S.2d 984, 653 N.E.2d 1154; Matter of Dart v. Howell, 237 A.D.2d 825, 655 N.Y.S.2d 197). Family Court, which was in the best position to evaluate the evidence (see, Matter of Susan M. v. Louis N., 206 A.D.2d 612, 614, 614 N.Y.S.2d 584), was entitled to reject as lacking in credibility the testimony of respondent that he was unable to make the required payments.

Order unanimously affirmed without costs.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network