Opinion
Nos. 2022-00644 2022-00645 Nos. F-8490-18/18A F-8490-18/20C
02-21-2024
In the Matter of Michelle Salz, respondent, v. Derek Luce, appellant.
Derek Luce, Holbrook, NY, appellant pro se. Mark A. Peterson, Smithtown, NY, for respondent.
Derek Luce, Holbrook, NY, appellant pro se.
Mark A. Peterson, Smithtown, NY, for respondent.
VALERIE BRATHWAITE NELSON, J.P. ROBERT J. MILLER DEBORAH A. DOWLING LILLIAN WAN, JJ.
DECISION & ORDER
In related proceedings pursuant to Family Court Act article 4, the father appeals from two orders of the Family Court, Suffolk County (Paul M. Hensley, J.), both dated December 27, 2021. The first order, insofar as appealed from, denied the father's objections, in effect, to so much of an order of the same court (John E. Raimondi, S.M.) dated December 17, 2019, as, upon findings of fact, also dated December 17, 2019, made after a hearing, dismissed the father's petition for a downward modification of his child support obligation and directed the father to pay attorneys' fees to the mother's counsel in the sum of $48,150. The second order, upon the first order, directed the entry of a money judgment in favor of the mother and against the father in the principal sum of $49,352, plus interest at the statutory rate retroactive to September 23, 2021.
ORDERED that the first order dated December 27, 2021, is affirmed insofar as appealed from, without costs or disbursements; and it is further, ORDERED that the second order dated December 27, 2021, is affirmed, without costs or disbursements.
Contrary to the father's contentions, the Family Court properly denied his objections, in effect, to so much of an order of the Support Magistrate dated December 17, 2019, as, upon findings of fact, also dated December 17, 2019, made after a hearing, dismissed his petition for a downward modification of his child support obligation set forth in a judgment of divorce dated August 23, 2016. In support of his petition, the father failed to demonstrate the existence of a substantial change in circumstances or that there had been an involuntary reduction in his income by 15% or more since the judgment of divorce was entered (see Family Ct Act § 451[3]; Matter of Clarke v Clarke, 193 A.D.3d 929, 930; Matter of Vasquez v Powell, 111 A.D.3d 754, 754).
The father's contention that the Family Court erred by directing him to pay attorneys' fees to the mother's counsel in the sum of $48,150 in connection with the proceeding for a downward modification of his child support obligation is without merit (see Matter of Westergaard v Westergaard, 106 A.D.3d 926, 926-927).
BRATHWAITE NELSON, J.P., MILLER, DOWLING and WAN, JJ., concur.