Matter of Grettler v. Grettler, 2004-01435.
| Decision Date | 22 November 2004 |
| Docket Number | 2004-01435. |
| Citation | 786 N.Y.S.2d 540,12 A.D.3d 602,2004 NY Slip Op 08693 |
| Parties | In the Matter of SUZANNE GRETTLER, Respondent, v. ROBERT GRETTLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The Family Court properly refused to disturb the Support Magistrate's order directing the father to pay $1,200 per month in child support retroactive to June 11, 2002. The Family Court determined, and the record demonstrates, that the father's financial circumstances were self-created due to his arrest and resulting termination of employment (see Matter of Knights v Knights, 71 NY2d 865, 867 [1988]; Stempler v Stempler, 200 AD2d 733 [1994]). He failed to proffer any evidence that he had made substantial efforts to gain employment since his employment was terminated (see Matter of Nappi v Nappi, 8 AD3d 388, 389 [2004]), and there were serious questions as to his credibility (see Matter of Musumeci v Musumeci, 295 AD2d 516 [2002]). Thus, the Family Court's denial of the father's objections was proper.
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...1384 were self-created, they provide no basis for disturbing the Support Magistrate's determination (see Matter of Grettler v. Grettler , 12 A.D.3d 602, 603, 786 N.Y.S.2d 540 [2d Dept. 2004] ). The record does not support the mother's contention that her ability to work full time is impacte......
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...of his own wrongful conduct, he is not entitled to a reduction of his child support obligation ( see Matter of Grettler v. Grettler, 12 A.D.3d 602, 786 N.Y.S.2d 540; Matter of Winn v. Baker, 2 A.D.3d 1169, 768 N.Y.S.2d 708; see generally Matter of Knights v. Knights, 71 N.Y.2d 865, 866–867,......
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