| Matter of Forman v Frost |
| 2009 NY Slip Op 08615 [67 AD3d 908] |
| November 17, 2009 |
| Appellate Division, Second Department |
| In the Matter of Dawn Forman, Appellant, v Eugene Frost,Jr., Respondent. (Proceeding No. 1.) In the Matter of Eugene Frost, Jr., Respondent, v DawnForman, Appellant. (Proceeding No. 2.) |
—[*1] Stern & Rindner, Goshen, N.Y (Howard C. Rindner of counsel), for respondent.
In related child support proceedings pursuant to Family Court Act article 4, the motherappeals from an order of the Family Court, Orange County (Woods, J.), entered November 12,2008, which denied her objections to an order of the same court (Braxton, S.M.) enteredSeptember 10, 2008, which, after a hearing, denied her petition for an award of child supportarrears, and granted the father's petition to modify his child support obligation as set forth in ajudgment of divorce entered April 2, 2003.
Ordered that the order is affirmed, without costs or disbursements.
The mother's contentions regarding her decision to proceed pro se are unpreserved forappellate review, as they were not raised in her objections to the Support Magistrate's order (see Matter of Primus v Mason-Primus,63 AD3d 743, 744 [2009]; Matterof Corr v Corr, 3 AD3d 567 [2004]).
The evidence adduced at the hearing demonstrated that the father's employment wasterminated through no fault of his own, and that he diligently made a good faith effort to obtainemployment commensurate with his qualifications and experience. Accordingly, the FamilyCourt properly denied the mother's objections to so much of the Support Magistrate's order asgranted the father's petition to modify the child support provision contained in a stipulation ofsettlement, which was incorporated, but not merged, into the parties' judgment of divorce (see Matter of DiPaola v DiPaola, 28AD3d 480 [2006]; Matter ofKetcham v Crawford, 1 AD3d 359, 361 [2003]).
The Family Court properly denied the mother's objections to so much of the SupportMagistrate's order as denied her petition for an award of child support arrears, as the recordsupports the Support Magistrate's finding that the mother was not entitled to such an award (see Matter of Mais v [*2]Jarrett, 5 AD3d 491 [2004]; Lemme v Lemme,295 AD2d 407 [2002]; Matter of Grant v Grant, 265 AD2d 19, 23 [2000]).
The mother's remaining contention is without merit. Covello, J.P., Santucci, Chambers andLott, JJ., concur.