Opinion
March 1, 1994
Appeal from the Family Court, Queens County (Mary Ellen Fitzmaurice, J.).
Although modification of a pre-existing support order requires the petitioner to demonstrate that an unforeseen change in circumstances warrants a modification in the best interests of the children (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 139-141), that rule is inapplicable to the instant situation as the parties' 1980 child support agreement, which respondent violated in 1989, was not an enforceable order but an informal agreement that was never entered as an order. The record supports the Hearing Examiner's decision to reject respondent's unsupported claim to the contrary. Moreover, the court was not obliged to amend its records to reflect respondent's position merely because he insists that the court lost his file. The court's power to amend its records does not extend that far (see, Gagnon v. United States, 193 U.S. 451).
Nor do we find merit to respondent's claim that his support obligation, as determined under the Child Support Standards Act (Family Ct Act § 413), is unjust or inappropriate as he provides no support for his recent claim of poverty.
Concur — Murphy, P.J., Sullivan, Carro, Wallach and Tom, JJ.