Opinion
12719 Dkt. No. F-52523/15/18B Case No. 2020-03044
12-22-2020
In re SCOTT S., Petitioner–Appellant, v. STEFANIE L., formerly known as Stefanie S., Respondent–Respondent.
Scott Stein, appellant pro se. Stephanie Levine, respondent pro se.
Scott Stein, appellant pro se.
Stephanie Levine, respondent pro se.
Acosta, P.J., Oing, Scarpulla, Mendez, JJ.
Order, Family Court, New York County (Jonathan H. Shim, J.), entered on or about February 3, 2020, which denied petitioner father's objection to an order, same court (Melvin C. Dalere, Support Magistrate), entered on or about July 23, 2019, which dismissed the petition for a downward modification of child support, unanimously affirmed, without costs.
Petitioner failed to show a substantial change in circumstances warranting a downward modification of his child support obligation ( Family Court Act § 451[3][a] ; see Matter of Boden v. Boden , 42 N.Y.2d 210, 213, 397 N.Y.S.2d 701, 366 N.E.2d 791 [1977] ; Matter of Jurgita C. v. Manuel O. , 176 A.D.3d 402, 111 N.Y.S.3d 20 [1st Dept. 2019] ). The record does not support petitioner's contention that the court ignored critical evidence. As petitioner was unemployed when he voluntarily entered into the previous modification, and remained unemployed, his unemployed status was not a substantial change in circumstances. Indeed, his income remained substantially the same. Moreover, although his assets were reduced, petitioner did not lack the means to pay his monthly child support or the ability to generate income (see Matter of Flanigan v. Smyth , 90 A.D.3d 1107, 1108–1109, 933 N.Y.S.2d 759 [3d Dept. 2011] ; Matter of Silver v. Reiss , 74 A.D.3d 1441, 1442, 902 N.Y.S.2d 700 [3d Dept. 2010] ).
We have considered the father's remaining arguments and find them unavailing.