Beard v. Beard
| Decision Date | 02 December 2002 |
| Citation | 751 N.Y.S.2d 304,300 A.D.2d 268 |
| Parties | ALEXANDRA BEARD, Respondent,<BR>v.<BR>WILLIAM BEARD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the plaintiff.
(Praeger v Praeger, 162 AD2d 671, 673).
Although a parent's loss of employment may constitute a change of circumstances warranting a downward modification where he or she has diligently sought reemployment (see Matter of Meyer v Meyer, 205 AD2d 784), the proper amount of support payable is determined not by a parent's current economic situation, but by a parent's assets and earning powers (see Matter of Fries v Price-Yablin, 209 AD2d 1002; Matter of Fleischmann v Fleischmann, 195 AD2d 604). Thus, downward modification may be denied where the moving party has not made a good-faith effort to obtain employment commensurate with his or her qualifications and experience (see Matter of Yepes v Fichera, 230 AD2d 803).
Although it is undisputed that the defendant husband lost his job as a media salesperson through no fault of his own, the record supports the Supreme Court's determination that he subsequently failed to use his best efforts to obtain employment commensurate with his qualifications and experience (see Matter of Kefeli v Kefeli, 270 AD2d 490; Matter of Dallin v...
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