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Liano v. Bell

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 952 (N.Y. App. Div. 2009)

Opinion

Nos. 2008-09793, Docket No. F-544-08.

March 24, 2009.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Orange County (Bivona, J.), entered October 8, 2008, as denied his objections to so much of an order of the same court (Krahulik, S.M.), entered June 9, 2008, as, after a hearing, dismissed his petition for a downward modification of his child support obligation.

Sheila Callahan O'Donnell, Cornwall, N.Y., for appellant.

McAdam Fallon, Walden, N.Y. (John J. Fallon of counsel), for respondent.

Before: Rivera, J.P., Ritter, Covello and Angiolillo, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although a petition for downward modification of child support may be granted when a party loses his or her job due to an injury, it may be denied when the moving party has the ability to provide support through some other type of employment (see Matter of Davis v Davis, 13 AD3d 623, 624; Matter of McCarthy v McCarthy, 2 AD3d 735). Here, although there was sufficient evidence to establish that the father was currently physically unable to return to his work as a police officer, there was no medical evidence that he was also unable to perform other work. Also, the father failed to present a clear picture of his current financial situation, as he did not present any proof of income from his disability pension, as there had not yet been a final determination of benefits ( see Matter of Moran v Moran, 56 AD3d 675, 676). Accordingly, the father was not entitled to a downward modification of child support at this juncture.


Summaries of

Liano v. Bell

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 952 (N.Y. App. Div. 2009)
Case details for

Liano v. Bell

Case Details

Full title:In the Matter of GARY L. LIANO, Appellant, v. DARLENE M. BELL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 24, 2009

Citations

60 A.D.3d 952 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2366
877 N.Y.S.2d 103