In the Matter of Brunetti v. Brunetti, 2004-09047.
Citation | 2005 NY Slip Op 07530,22 A.D.3d 577,804 N.Y.S.2d 326 |
Decision Date | 11 October 2005 |
Docket Number | 2004-09047. |
Parties | In the Matter of JOSEPH P. BRUNETTI, Appellant, v. CATHERINE BRUNETTI, Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
"Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of [a child support] agreement should not be disturbed" (Matter of Boden v Boden, 42 NY2d 210, 213 [1977]; Gross v Gross, 15 AD3d 442 [2005]). "Moreover, where the application is one for a downward modification of child support, such a change in circumstances must be `substantial'" (Praeger v Praeger, 162 AD2d 671, 673 [1990]). The proper amount of support payable is determined not by a parent's current economic situation, but, inter alia, by a parent's earning powers (see Beard v Beard, 300 AD2d 268, 269 [2002]). In this case, the Support Magistrate properly determined that the father was capable of earning the level of income upon which the order of support was based. Accordingly, the petition for a downward modification was properly denied.
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