IN RE: Neil M. SISKIND (2006)

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Jaeger, J.), dated October 18, 2005, which, after a hearing, found her in contempt for her willful failure to comply with a prior order of the same court dated October 6, 2005, directing her to pay her share of the Law Guardian's fee, and ordered her incarceration.

ORDERED that the order is affirmed, with costs.

The Family Court properly found the mother in contempt, and ordered her incarceration, for failing to pay her share of the Law Guardian's fee as directed in an order of the same court dated October 6, 2005 (see Family Ct. Act § 156;  Judiciary Law § 753[A] ).   There was no dispute that the mother failed to pay the Law Guardian.   Proof of noncompliance with the order established a prima facie case of criminal contempt, shifting the burden to the mother to establish good cause for noncompliance, thereby negating the inference of wilfulness (see Ferraro v. Ferraro, 272 A.D.2d 510, 708 N.Y.S.2d 438).   Here, the mother had in her possession a bank check for the entire amount owed to the Law Guardian, which belied any claim of an inability to pay (see Matter of Gerzack v. Gerzack, 87 A.D.2d 612, 448 N.Y.S.2d 34). Contrary to her contentions, the Family Court gave the mother a reasonable opportunity to pay the amount owed (see Stempler v. Stempler, 200 A.D.2d 733, 607 N.Y.S.2d 111).

The mother's remaining contentions are without merit.