Opinion
April 15, 1985
Appeal from the Supreme Court, Westchester County (Marasco, J.).
Order affirmed, insofar as appealed from, with costs.
In order to obtain a reduction or elimination of the support and other financial provisions of the divorce judgment, the plaintiff had the burden of showing a substantial change in circumstances ( see, Patell v. Patell, 91 A.D.2d 1028; Domestic Relations Law § 236 [B] [9] [b]; Hickland v. Hickland, 56 A.D.2d 978). The plaintiff, who had been forced to retire from a lucrative dental practice due to a neurological disability, testified that he was employed full time teaching library skills to elementary school children at a salary of approximately $7,800 per year at the time of the hearing at Special Term. Our review of the record indicates that the plaintiff was capable of earning a substantially higher income ( see, Hickland v. Hickland, 39 N.Y.2d 1, cert denied 429 U.S. 941). Indeed, Special Term rejected the plaintiff's evidence as to his earnings, and other evidence adduced by the plaintiff as to his over-all financial condition, as "unbelievable".
The only change in circumstances proven by the plaintiff was that the defendant wife had become employed. Since "the ability to be self-supporting is one of many factors to be considered by the court in awarding alimony" ( McClusky v. McClusky, 87 A.D.2d 973; see, Hickland v. Hickland, 39 N.Y.2d 1, cert denied 429 U.S. 941, supra; Kover v. Kover, 29 N.Y.2d 408), Special Term properly modified the plaintiff's support and other financial obligations pursuant to the judgment of divorce only by reducing the plaintiff's alimony obligation by $4,500 per year.
We find no merit in the other contentions raised by the plaintiff. Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.