| Matter of Belmonte v Dreher |
| 2010 NY Slip Op 07754 [77 AD3d 937] |
| October 26, 2010 |
| Appellate Division, Second Department |
| In the Matter of John A. Belmonte, Appellant, v KarenDreher, Respondent. |
—[*1] Karen Dreher, Northport, N.Y., respondent pro se.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Suffolk County (Hoffmann, J.), dated March 24, 2010, whichdenied his objections to an order of the same court (Fields, S.M.) dated January 15, 2010, which,after a hearing, denied his petition for a downward modification of his child support obligation asset forth in the parties' judgment of divorce dated August 20, 1999.
Ordered that the order dated March 24, 2010, is affirmed, with costs.
Since the father's child support obligation was set by agreement, he bore the burden ofestablishing both a substantial and an unanticipated change of circumstances (see Matter of Field v Field, 67 AD3d1012 [2009], citing Matter of Boden v Boden, 42 NY2d 210, 212, 213 [1977]; Matter of Mera v Rodriguez, 74 AD3d974 [2010]; Matter of Gedacht vAgulnek, 67 AD3d 1013 [2009]; Matter of Ripa v Ripa, 61 AD3d 766 [2009]). Although loss ofemployment may constitute a substantial and unanticipated change of circumstances, a partyseeking a downward modification of his or her child support obligation based upon a loss ofemployment has the burden of demonstrating that he or she diligently sought to obtainemployment commensurate with his or her earning capacity (id.).
We agree with the finding of the Support Magistrate that the appellant failed to meet thatburden. Fisher, J.P., Santucci, Eng and Sgroi, JJ., concur.