IN RE: Kelly A. TODD (2009)

Respondent father appeals from an order finding him in willful violation of a prior child support order and committing him to an intermittent term of incarceration of six months in jail. Contrary to the father's contention, Family Court properly confirmed the Support Magistrate's finding of a willful violation (see Family Ct Act § 439[a]; Matter of Paige v. Paige, 50 A.D.3d 1542, 857 N.Y.S.2d 843). Petitioner mother presented prima facie evidence of a willful violation of the support order by establishing that the father failed to pay support as ordered (see Matter of Powers v. Powers, 86 N.Y.2d 63, 69, 629 N.Y.S.2d 984, 653 N.E.2d 1154; Paige, 50 A.D.3d at 1542, 857 N.Y.S.2d 843), and the father then failed to meet his burden of establishing his inability to pay (see Powers, 86 N.Y.2d at 69-70, 629 N.Y.S.2d 984, 653 N.E.2d 1154; Matter of Valerie Q. v. Arturo H., 48 A.D.3d 1049, 850 N.Y.S.2d 758; Matter of Livingston County Child Support Collection Unit v. Grimmelt, 306 A.D.2d 930, 762 N.Y.S.2d 323). Indeed, he presented no evidence that he made any efforts to obtain employment (see Matter of Christine L.M. v. Wlodek K., 45 A.D.3d 1452, 846 N.Y.S.2d 849; Matter of Moore v. Blank, 8 A.D.3d 1090, 1091, 778 N.Y.S.2d 370, lv denied 3 N.Y.3d 606, 785 N.Y.S.2d 22, 818 N.E.2d 664; Matter of Leslie v. Rodriguez, 303 A.D.2d 1016, 1017, 757 N.Y.S.2d 190). We reject the further contentions of the father that the court was biased against him (see Matter of Amy L.W. v. Brendan K.H., 37 A.D.3d 1060, 1061, 830 N.Y.S.2d 408; see also Matter of Angie M.P., 291 A.D.2d 932, 933, 737 N.Y.S.2d 490, lv denied 98 N.Y.2d 602, 744 N.Y.S.2d 762, 771 N.E.2d 835), and that the sentence is excessive. 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: