Opinion
2002-07359
Submitted June 2, 2003.
June 23, 2003.
In a maintenance and child support proceeding pursuant to Family Court Act article 4, the petitioner appeals from an order of the Family Court, Rockland County (Warren, J.), entered June 19, 2002, which denied his objections to an order of the same court (Mrsich, H.E.), dated December 24, 2001, which, after a hearing, dismissed his petition for a downward modification of his maintenance and child support obligations.
Ingrid Gherman, New York, N.Y., for appellant.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner's claim of changed circumstances is without merit because the amount of income imputed to him was not contingent on his becoming a licensed physician, but was based on his earning capacity as reflected in his qualifications and educational background (see Domestic Relations Law § 236[B][6][a][3]; Bittner v. Bittner, 296 A.D.2d 516, 517; Morrissey v. Morrissey, 259 A.D.2d 472, 473; Goddard v. Goddard, 256 A.D.2d 545, 546; Matter of Bosshold v. Bryant-Bosshold, 243 A.D.2d 857, 858; Matter of Zwick v. Kulhan, 226 A.D.2d 734).
As the petitioner offered no evidence that he made a good faith effort to obtain employment commensurate with his qualifications and educational background, the Family Court properly denied his petition for a downward modification of his maintenance and child support obligations (see Hickland v. Hickland, 39 N.Y.2d 1, 5-6, cert denied 429 U.S. 941; Kay v. Kay, 37 N.Y.2d 632, 636; Viscardi v. Viscardi, 303 A.D.2d 401; Sivigny v. Sivigny, 213 A.D.2d 243).
The petitioner's remaining contentions are without merit.
ALTMAN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.