| Gribbin v Gribbin |
| 2015 NY Slip Op 02451 [126 AD3d 938] |
| March 25, 2015 |
| Appellate Division, Second Department |
[*1]
| Jennifer J. Gribbin, Respondent, v James F.Gribbin, Appellant. |
Jason M. Barbara & Associates, P.C., Lake Success, N.Y. (Penny J.G. Berger ofcounsel), for appellant.
In an action for a divorce and ancillary relief, the defendant appeals from an order ofthe Supreme Court, Nassau County (Goodstein, J.), dated November 20, 2012, whichdenied his motion to modify the child support provision of the parties' stipulation ofsettlement.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the defendant's motion to modify the childsupport provision of the parties' stipulation of settlement. The parties' stipulation ofsettlement, wherein the parties agreed that the defendant would not receive any award ofchild support, was executed prior to the effective date of the 2010 amendments to FamilyCourt Act § 451 (see L 2010, ch 182, § 13). Therefore,the defendant had the burden of showing a substantial and unanticipated change incircumstances since the time he agreed that he would not receive any child support asprovided for in the stipulation (see Matter of Gadalinska v Ahmed, 120 AD3d 1232, 1232[2014]; Matter of Dimaio vDimaio, 111 AD3d 933, 933-934 [2013]).
The Supreme Court properly determined that the defendant failed to meet thisburden. The defendant, who earns approximately $250,000 per year, failed to show asubstantial and unanticipated change in circumstances since the time he agreed that hewould not receive any child support (see Samuelson v Samuelson, 108 AD3d 612, 613 [2013]).Furthermore, the defendant does not argue on appeal that the needs of the children arenot being met (see Nelson vNelson, 75 AD3d 593, 594 [2010]).
The defendant's remaining contention is without merit.
Accordingly, the Supreme Court properly denied the defendant's motion to modifythe child support provision of the parties' stipulation of settlement. Eng, P.J., Leventhal,Hall and Maltese, JJ., concur.