Fourth Department — Child Support: Barksdale v. Gore

Appellate Division, Fourth Department

Child Support

Willful Violation

Barksdale v. Gore
CAF 11-02134
Appealed from Family Court, Cattaraugus County

Background: The respondent appealed from an order confirming a determination by a Support Magistrate that the respondent had willfully violated a prior child support order and that committed him to a four-month jail term.

Ruling: The Appellate Division affirmed. The court found that the evidence submitted by the petitioner that respondent failed to pay support. It was the respondent’s burden to present evidence establishing that he made reasonable efforts to meet his obligation.

Emily A. Vella for the respondent-appellant; Stephen D. Miller for the petitioner-respondent