Opinion
CAF 04-01072
December 30, 2004.
Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered July 14, 2003 in a proceeding pursuant to Family Ct Act article 4. The order denied petitioner's objections to the order of the Hearing Examiner.
Before: Pigott, Jr., P.J., Green, Kehoe, Gorski and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing that an unanticipated or unreasonable change of circumstances has occurred to warrant a downward modification ( see Matter of De Luca v. Randall, 285 AD2d 684, 686). "A party who causes [his] own inability to pay support is not entitled to a downward modification of support payments" ( Matter of Fries v. Price-Yablin, 209 AD2d 1002, 1003).