Aranova v. Aranov

• Decision Date: 12 October 2010
• Citation: 909 N.Y.S.2d 125,77 A.D.3d 740
• Parties: In the Matter of Stella ARANOVA, respondent, v. Dimitriy ARANOV, appellant. In the Matter of Dimitriy Aranov, appellant, v. Stella Aranova, respondent.
• Court: New York Supreme Court — Appellate Division

909 N.Y.S.2d 125
77 A.D.3d 740

In the Matter of Stella ARANOVA, respondent,
v.
Dimitriy ARANOV, appellant.
In the Matter of Dimitriy Aranov, appellant,
v.
Stella Aranova, respondent.

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

Oct. 12, 2010.

909 N.Y.S.2d 126

Dimitriy Aranov, Kew Gardens, N.Y., appellant pro se.

A. GAIL PRUDENTI, P.J., DANIEL D. ANGIOLILLO, ARIEL E. BELEN, and SANDRA L. SGROI, JJ.

77 A.D.3d 740

In related child support proceedings pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Richroath, J.), dated July 1, 2009, which denied his objections to an order of the same court (Kirshblum, S.M.), dated March 27, 2009, which, after a hearing, dismissed his petition for a downward modification of his child support obligation.

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court may modify a prior order or judgment of child support or maintenance payments upon a showing of a "substantial change in circumstances" (Domestic Relations Law § 236[B][9][b]; see Matter of Sannuto v. Sannuto, 21 A.D.3d 901, 800 N.Y.S.2d 601; Klapper v. Klapper, 204 A.D.2d 518, 611 N.Y.S.2d 657; Dowd v. Dowd, 178 A.D.2d 330, 577 N.Y.S.2d 395). The party seeking to modify such child support provisions has the burden of establishing that a modification is warranted ( see Matter of Mandelowitz v. Bodden, 68 A.D.3d 871, 890 N.Y.S.2d 634; Matter of Marrale v. Marrale, 44 A.D.3d 773, 843 N.Y.S.2d 407). A substantial deterioration in the financial situation of the party seeking modification between the time of the order and the time a modification is sought may, in some instances,

77 A.D.3d 741

constitute a sufficient change in circumstances to warrant a downward modification ( see Matter of Mandelowitz v. Bodden, 68 A.D.3d at 874, 890 N.Y.S.2d 634; Matter of Talty v. Talty, 42 A.D.3d 546, 840 N.Y.S.2d 114). Nevertheless, although a petition for downward modification of child support may be granted based on a parent's loss of employment due to an injury or illness, it may be denied when the parent still has the ability to provide support through some other type of employment ( see Matter of Marrale v. Marrale, 44 A.D.3d at 775, 843 N.Y.S.2d 407; Matter of McCarthy v. McCarthy, 2 A.D.3d 735, 769 N.Y.S.2d 590; Matter of Madura v. Nass, 304 A.D.2d 579, 756 N.Y.S.2d 890). Thus, a party seeking modification on the basis of loss of employment due to illness must show that he or...