Matter of Sabini v Sabini
2013 NY Slip Op 02255 [105 AD3d 749]
April 3, 2013
Appellate Division, Second Department
As corrected through Wednesday, May 29, 2013


In the Matter of Gerald S. Sabini, Appellant,
v
JaneR. Sabini, Respondent.

[*1]Grogan & Souto, P.C., Goshen, N.Y. (Edward P. Souto of counsel), forappellant.

Jane R. Sabini, Highland Mills, N.Y., respondent pro se.

In a child support proceeding pursuant to Family Court Act article 4, the fatherappeals from an order of the Family Court, Orange County (Woods, J.), entered August10, 2012, which denied his objections to an order of the same court (Braxton, S.M.),entered June 21, 2012, denying his petition for downward modification of his childsupport obligation.

Ordered that the order entered August 10, 2012, is affirmed, without costs ordisbursements.

The Family Court properly denied the father's objections to the denial of his petitionfor downward modification of his child support obligation. The father failed to offerproof of a substantial and unanticipated change in his financial circumstances since thetime he agreed to the support amount (see Family Ct Act § 451 [2] [a]; Schlakman v Schlakman, 38AD3d 640 [2007]). Furthermore, contrary to the father's contentions, he failed toshow that he used his best efforts to secure employment commensurate with hisqualifications and experience (see Family Ct Act § 451 [2] [b] [ii]; Matter of Marrale v Marrale,44 AD3d 773, 776 [2007]; Beard v Beard, 300 AD2d 268 [2002]). Dillon,J.P., Austin, Sgroi and Cohen, JJ., concur.


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