Phillips v. Giddings
Cases that cite this one
13 later published cases cite this decision.
- Matter of Nassau County Dept. of Social Servs. v. Henry (Appellate Division of the Supreme Court of New York 2016)
- Matter of Myles v. Turner (Appellate Division of the Supreme Court of New York 2016)
- Matter of Saraguard v. Saraguard (Appellate Division of the Supreme Court of New York 2015)
- Matter of Tolkinen v. Siewert (Appellate Division of the Supreme Court of New York 2015)
- Matter of Gillison v. Gillison (Appellate Division of the Supreme Court of New York 2014)
- McMinn v. Taylor (Appellate Division of the Supreme Court of New York 2014)
- McMinn v. Taylor (Appellate Division of the Supreme Court of New York 2014)
- Kaplan v. Kaplan (Appellate Division of the Supreme Court of New York 2013)
- Kaplan v. Kaplan (Appellate Division of the Supreme Court of New York 2013)
- Densing v. Densing (Appellate Division of the Supreme Court of New York 2013)
- Densing v. Densing (Appellate Division of the Supreme Court of New York 2013)
- Bianco v. Bruce-Ross (Appellate Division of the Supreme Court of New York 2013)
- Bianco v. Bruce-Ross (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the appeal from the order dated June 13, 2011, is dismissed, without costs or disbursements, as that order was superseded by the order dated June 30, 2011 (see Matter of Ceballos v Castillo, 85 AD3d 1161, 1162 [2011]); and it is further,
Ordered that the appeal from so much of the order of commitment dated June 30, 2011, as committed the father to the New York City Department of Corrections for a period of six months is dismissed as academic, without costs or disbursements, as the period of incarceration has expired (see Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]); and it is further,
Ordered that the order of commitment dated June 30, 2011, is affirmed insofar as reviewed, without costs or disbursements.
Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 NY2d 63, 68-69 [1995]). Once a prima facie showing has been made, the burden shifts to the party that owes the support to offer some competent, credible evidence of his or her inability to make the required payments (see Matter of Powers v Powers, 86 NY2d at 69-70). Here, upon the petitioner’s prima facie showing of the father’s failure to pay child support as ordered, the father failed to meet his burden of offering competent, credible evidence of his inability to make the required payments (see Matter of Gorsky v Kessler, 79 AD3d 746 [2010]; Matter of Seleznov v Pankratova, 57 AD3d 679, 681 [2008]; Matter of Catton v Catton, 41 AD3d 845 [2007]). Accordingly, the Family Court properly determined that the father willfully violated an order of child support.
The father’s claim that he was deprived of the effective assis
Case-law data current through December 31, 2025. Source: CourtListener bulk data.