Phillips v. Giddings, 96 A.D.3d 950 (N.Y. App. Div. 2012). · Go Syfert
Phillips v. Giddings, 96 A.D.3d 950 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Myles v. Turner (nyappdiv, 2016-03-16)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Myles v. Turner
N.Y. App. Div. · 2016 · confidence medium
Here, upon the mother’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 Rottman v Coull, 112 AD3d 837, 839 [2013]; Matter of Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]).
discussed Cited as authority (rule) Matter of Nassau County Dept. of Social Servs. v. Henry
N.Y. App. Div. · 2016 · confidence medium
Viewed in its totality, the record reveals that the father received meaningful representation (s ee Matter of McMinn v Taylor, 118 AD3d 887, 888 [2014]; Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d 730, 730 [2012]).
discussed Cited as authority (rule) Matter of Tolkinen v. Siewert
N.Y. App. Div. · 2015 · confidence medium
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 Kaplan v Kaplan, 102 AD3d at 873 ; Matter of Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]; Matter of *838 Cooper v Robertson, 69 AD3d 714, 714 [2010]).
discussed Cited as authority (rule) Matter of Saraguard v. Saraguard
N.Y. App. Div. · 2015 · confidence medium
Insofar as his claim is capable of our review, the record reveals that the father received meaningful representation (see Matter of Chamas v Carino, 119 AD3d 564, 565 [2014]; Matter of McMinn v Taylor, 118 AD3d 887 [2014]; Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]).
discussed Cited as authority (rule) Matter of Gillison v. Gillison
N.Y. App. Div. · 2014 · confidence medium
The father’s contention that he was deprived of effective assistance of counsel is without merit, as the record reveals that he received meaningful representation (see Matter of McMinn v Taylor, 118 AD3d at 888 ; Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d at 730 ).
discussed Cited as authority (rule) McMinn v. Taylor
N.Y. App. Div. · 2014 · confidence medium
Contrary to the father’s contention, the record does not reveal that he received less than meaningful representation (see Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d at 730 ; Matter of Larrier v Williams, 84 AD3d 805, 806 [2011]; Matter of Wright v Lyons, 288 AD2d 481, 482 [2001]).
discussed Cited as authority (rule) McMinn v. Taylor
N.Y. App. Div. · 2014 · confidence medium
Contrary to the father’s contention, the record does not reveal that he received less than meaningful representation (see Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d at 730 ; Matter of Larrier v Williams, 84 AD3d 805, 806 [2011]; Matter of Wright v Lyons, 288 AD2d 481, 482 [2001]).
discussed Cited as authority (rule) Bianco v. Bruce-Ross
N.Y. App. Div. · 2013 · confidence medium
Viewed in totality, the record reveals that he received meaningful representation (see Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]; Matter of Jarrett v Mosslih, 34 AD3d 808, 809 [2006]).
discussed Cited as authority (rule) Bianco v. Bruce-Ross
N.Y. App. Div. · 2013 · confidence medium
Viewed in totality, the record reveals that he received meaningful representation (see Matter of Phillips v Giddings, 96 AD3d 950, 951-952 [2012]; Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]; Matter of Jarrett v Mosslih, 34 AD3d 808, 809 [2006]).
discussed Cited as authority (rule) Densing v. Densing
N.Y. App. Div. · 2013 · confidence medium
Here, upon the mother’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 Kaplan v Kaplan, 102 AD3d 873, 873 [2013]; Matter of Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]; see also Family Ct Act § 424-a [b]).
discussed Cited as authority (rule) Densing v. Densing
N.Y. App. Div. · 2013 · confidence medium
Here, upon the mother’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 Kaplan v Kaplan, 102 AD3d 873, 873 [2013]; Matter of Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]; see also Family Ct Act § 424-a [b]).
discussed Cited as authority (rule) Kaplan v. Kaplan
N.Y. App. Div. · 2013 · confidence medium
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 Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]; Matter of Accettulli v Accettulli, 38 AD3d 766 [2007]; Matter of Vasconcellos v Vasconcellos, 37 AD3d 613 [2007]; Matter of Teller v Tubbs, 34 AD3d 593 [2006]).
discussed Cited as authority (rule) Kaplan v. Kaplan
N.Y. App. Div. · 2013 · confidence medium
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 Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Phillips v Giddings, 96 AD3d 950, 951 [2012]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]; Matter of Accettulli v Accettulli, 38 AD3d 766 [2007]; Matter of Vasconcellos v Vasconcellos, 37 AD3d 613 [2007]; Matter of Teller v Tubbs, 34 AD3d 593 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Simone Cidnee-Allison Phillips
v.
Mark Garvin Giddings
Appellate Division of the Supreme Court of the State of New York.
Jun 20, 2012.
96 A.D.3d 950
Cited by 13 opinions  |  Published

[*951] In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of commitment of the same court (McElrath, J.), dated June 30, 2011, which, upon confirming the finding of willfulness, committed him to the New York City Department of Corrections for a term of incarceration of six months unless he paid the sum of $5,000 towards his child support arrears.

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[*952] tance of counsel is without merit. Contrary to the father’s contention, the record does not reveal that he received less than meaningful representation (see Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]; Matter of Larrier v Williams, 84 AD3d 805, 806 [2011]; Matter of Wright v Lyons, 288 AD2d 481, 482 [2001]). Skelos, J.P., Florio, Lott and Miller, JJ., concur.