Opinion
December 17, 1998
Appeals from the Family Court of Broome County (Pines, J.).
Notwithstanding the fact that petitioner had been unemployed since August 1995 and his unemployment benefits were exhausted in January 1996, the record adduced at the fact-finding hearing, including evidence that petitioner received $31,400 in settlement of a personal injury action ( see, Matter of Greenier v. Breason, 251 A.D.2d 703), won $16,900 gambling at a casino during the period of unemployment and had an adjusted gross income of over $45,000 for the calendar year 1995, as reflected by the Federal tax return petitioner filed with the Internal Revenue Service, provided ample evidentiary support for Family Court's conclusion that petitioner was possessed of sufficient means with which to provide support for his son (see, Family Ct Act § 413 [a]; Matter of Greenier v. Breason, supra; Matter of Lutsic v. Lutsic, 245 A.D.2d 637, 638). Under the circumstances, we are not inclined to disturb the findings that petitioner failed to meet his burden of showing a change in circumstances sufficient to warrant a downward modification of the child support order or that he willfully violated the support order.
Mikoll, J. P., White, Yesawich Jr. and Peters, JJ., concur.
Ordered that the orders are affirmed, without costs.