| Matter of Arciniega v Arciniega-Luizzi |
| 2008 NY Slip Op 01536 [48 AD3d 677] |
| February 19, 2008 |
| Appellate Division, Second Department |
| In the Matter of Mario Arciniega, Appellant, v NormaArciniega-Luizzi, Respondent. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Suffolk County (Simeone, J.), dated May 25, 2007, which deniedhis objections to an order of the same court (Livrieri, S.M.), dated March 23, 2007, granting,without a hearing, those branches of the mother's motion which were to dismiss his petition for adownward modification of child support and for payment of an attorney's fee to the extent ofdirecting him to pay the sum of $1,000 to the mother.
Ordered that the order dated May 25, 200, is affirmed, without costs or disbursements.
The Family Court properly denied the father's objections to the Support Magistrate's orderdismissing his petition for a downward modification of his child support obligation set forth in astipulation of settlement incorporated but not merged in the parties' judgment of divorce. Thefather failed to demonstrate an unreasonable and unanticipated change in circumstances since thetime of the stipulation to justify a modification (see Matter of Boden v Boden, 42 NY2d210, 213 [1977]; Matter of Connolly vConnolly, 39 AD3d 643 [2007]; Barson v Barson, 32 AD3d 872 [2006]). Additionally, he failed toprove that the alleged changes in his financial position was not of his own making (see Matter of Terjesen v Terjesen, 29AD3d 705 [2006]; Matter ofHeyward v Goldman, 23 AD3d 468, 469 [2005]).
Further, the Family Court providently exercised its discretion in directing the father to pay anattorney's fee to the mother in the sum of $1,000 (see Family Ct Act § 438 [a];Matter of Israel v Israel, 273 AD2d 385 [2000]). Mastro, J.P., Skelos, Florio andDickerson, JJ., concur.