Opinion
2016–01567 Index No. 203117/09
03-21-2018
Ramin ABIZADEH, appellant, v. Galit ABIZADEH, respondent.
Ramin Abizadeh, Roslyn Heights, NY, appellant pro se. Law Offices of Seidner & Associates, P.C., Garden City, N.Y. (Matthew S. Seidner of counsel), for respondent.
Ramin Abizadeh, Roslyn Heights, NY, appellant pro se.
Law Offices of Seidner & Associates, P.C., Garden City, N.Y. (Matthew S. Seidner of counsel), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, HECTOR D. LASALLE, JJ.
DECISION & ORDERAppeal from an order of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), entered December 22, 2015. The order, insofar as appealed from, denied the plaintiff's motion for a downward modification of his child support obligation.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The background of this action is stated in Abizadeh v. Abizadeh, 159 A.D.3d 856, 72 N.Y.S.3d 566, 2018 WL 1404294 [Appellate Division Docket No. 2015–11360 ; decided herewith] ). Insofar as relevant to this appeal, prior to the entry of the judgment of divorce, the Supreme Court issued an order dated July 12, 2013, which, inter alia, imputed income to the plaintiff in the amount of $165,000 per annum. The judgment of divorce, entered in May 2014, provided, inter alia, that the plaintiff's child support obligation was in the sum of $4,009 per month. In November 2015, the plaintiff moved for a downward modification of that support obligation. In the order appealed from, the Supreme Court, inter alia, denied the plaintiff's motion. The plaintiff appeals.
The Supreme Court properly denied the plaintiff's motion, as he failed to establish the existence of a substantial change in circumstances warranting a downward modification of his child support obligation (see Family Ct Act § 451[3][b][ii] ; Domestic Relations Law § 236[B][9][b][2][ii][B] ; Matter of Fantau v. Fantau, 134 A.D.3d 1109, 1110, 21 N.Y.S.3d 725 ; Raab v. Raab, 129 A.D.3d 1050, 1051, 11 N.Y.S.3d 678 ).
BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.