Appellate Division, Fourth Department
Child Support Proceeding — Notice
Presumption — Failure to Appear
Ball v. Marshall
Appealed from Family Court, Oswego County
Background: The respondent father appealed from an order confirming a support magistrate’s determination that he willfully violated an order of child support based on the respondent’s failure to appear for the hearing on the violation. The father argued that he was denied his right to a hearing and due process.
Ruling: The Appellate Division held it is presumed that a parent can support his or her children and the failure to do so constituted a prima facie evidence of a willful violation. Once the petitioner mother had made the showing, the burden shifted to the father to rebut the showing. Further, the father was properly served with summons and notice and cannot argue that he was denied due process.
Stephanie N. Davis of the Davis Law Office for the respondent-appellant