Opinion
April 8, 1991
Appeal from the Family Court, Nassau County (De Maro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In the proceeding at bar, the Department of Social Services sought an order increasing the amount of alimony the petitioner's former husband must pay as she is a recipient of public assistance. This application effectively sought to reallocate the burden of support between the Department of Social Services and the former husband.
Upon our review of the record, including the former husband's financial documents, we find that the Family Court properly determined that he was capable of bearing a greater portion of his former wife's support (see, Dunn v. Dunn, 124 A.D.2d 309) and that the Department of Social Services, on behalf of the former wife, was entitled to an upward modification of alimony given her status as a recipient of public assistance (see, Matter of Department of Social Servs. v. Caro, 65 A.D.2d 811, 812).
We note that to the extent the former husband has raised for the first time on appeal constitutional arguments against the increase, those arguments are not properly before us (see, Melahn v. Hearn, 60 N.Y.2d 944, 945; Matter of Tiffany B., 111 A.D.2d 168, lv denied 65 N.Y.2d 606, cert denied 474 U.S. 862). Bracken, J.P., Kunzeman, Sullivan and Rosenblatt, JJ., concur.