Abizadeh v. Abizadeh

Decision Date26 June 2019
Docket Number2018-06958,Docket No. F-7783-12/17G
Citation173 A.D.3d 1168,101 N.Y.S.3d 624 (Mem)
Parties In the Matter of Ramin ABIZADEH, Appellant, v. Galit ABIZADEH, Respondent.
CourtNew York Supreme Court — Appellate Division

173 A.D.3d 1168
101 N.Y.S.3d 624 (Mem)

In the Matter of Ramin ABIZADEH, Appellant,
v.
Galit ABIZADEH, Respondent.

2018-06958
Docket No.
F-7783-12/17G

Supreme Court, Appellate Division, Second Department, New York.

Submitted—April 25, 2019
June 26, 2019


Ramin Abizadeh, Albertson, NY, appellant pro se.

Law Offices of Seidner & Associates, P.C., Garden City, N.Y. (Matthew S. Seidner of counsel), for respondent.

REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

173 A.D.3d 1168

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Danielle M. Peterson, J.), dated April 19, 2018. The order denied the father's objections to an order of the same court (Adam E. Small, S.M.) dated October 17, 2017, which, after a hearing, dismissed his petition for a downward modification of his child support obligation.

ORDERED that the order dated April 19, 2018, is affirmed, without costs or disbursements.

The parties, who were married in 1995, have three children together. Pursuant to the terms of a judgment of divorce entered on May 28, 2014, the father was required to pay the sum of $4,009 per month toward basic child support. In April 2017, the father filed a petition seeking a downward modification of his child support obligation. After a hearing, the Support Magistrate issued an order dismissing the father's petition. The father filed objections to the Support Magistrate's determination. By order dated April 19, 2018, the Family Court denied the father's objections. The father appeals.

We agree with the Family Court's determination that the father failed to establish that an alleged reduction in his income constituted a substantial change in circumstances so as to warrant a downward modification of his child support obligation

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