| Matter of Awwad v Awwad |
| 2009 NY Slip Op 03719 [62 AD3d 695] |
| May 5, 2009 |
| Appellate Division, Second Department |
| In the Matter of Haitham Awwad, Respondent, v Lori-AnnAwwad, Appellant. |
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In a support proceeding pursuant to Family Court Act article 4, the mother appeals from anorder of the Family Court, Orange County (Klein, J.), dated October 10, 2008, which denied herobjections to an order of the same court (Braxton, S.M.), entered August 12, 2008, which, after ahearing, inter alia, granted the father's petition for a downward modification of his child supportobligation as set forth in an order of the same court dated August 25, 2006, to the extent ofreducing his child support obligation from the sum of $933 per month to the sum of $352 permonth.
Ordered that the order dated October 10, 2008 is reversed, on the law, with costs, theobjections are sustained, the order entered August 12, 2008 is vacated, the petition is denied, andthe order dated August 25, 2006 is reinstated.
The Family Court should have granted the mother's objections to the Support Magistrate'sorder granting the father's petition for a downward modification of his child support obligation."A downward modification of a parent's child support obligation may be granted where theparent demonstrates a substantial and unanticipated change in circumstances" (Matter of Muselevichus vMuselevichus, 40 AD3d 997, 998 [2007]). Although the loss of employment canconstitute such a change in circumstances, the father failed to present competent proof that, afterhe lost his job, he made a good-faith effort to obtain new employment commensurate with hisqualifications and experience (seeMatter of Piernick v Nazinitsky, 48 AD3d 690 [2008]; Matter of Fragola v Alfaro, 45 AD3d684 [2007]; Matter of Terjesen v Terjesen, 29 AD3d [*2]705 [2006]). Spolzino, J.P., Santucci, Belen and Lott, JJ., concur.