Evans v. White, 2018–08940
| Decision Date | 12 June 2019 |
| Docket Number | 2018–08940,Docket No. F–2538–17/17A |
| Citation | 100 N.Y.S.3d 547 (Mem),173 A.D.3d 864 |
| Parties | In the Matter of Gerard C. EVANS, Appellant, v. Blanca WHITE, Respondent. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 864
100 N.Y.S.3d 547 (Mem)
In the Matter of Gerard C. EVANS, Appellant,
v.
Blanca WHITE, Respondent.
2018–08940
Docket No. F–2538–17/17A
Supreme Court, Appellate Division, Second Department, New York.
Submitted—April 25, 2019
June 12, 2019
Gerard C. Evans, Newburgh, NY, appellant pro se.
Blanca White, Newburgh, NY, respondent pro se.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Orange
County (Lori Currier Woods, J.), dated June 26, 2018. The order denied the father's objections to an order of the same court (Barbara O. Afriyie, S.M.) dated March 20, 2018, which, after a hearing, dismissed his petition for a downward modification of his child support obligation.
ORDERED that the order dated June 26, 2018, is affirmed, with costs.
The mother and the father were divorced in 2006, at which time the mother was awarded custody of the parties' two children. The father was directed to pay the mother $ 400 per month in child support. The father's child support obligation was increased to $ 800 per month in 2009, and to $ 2,400 per month in 2014.
In June 2017, the father filed a petition for a downward modification of his child support obligation, alleging that the loss of his employment constituted a substantial change in circumstances, and that his income had changed by at least 15%. After a hearing, the Support Magistrate dismissed the father's petition. The father objected to the Support Magistrate's order. The Family Court denied the father's objections, and the father appeals.
"The court may modify an order of child support ... upon a showing of a substantial change in circumstances" or where "there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted" ( Family Ct. Act § 451[3][a], [b][ii] ). "A parent's loss of employment may constitute a...
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