MATTER OF MADURA, JR. v. Nass

CourtNew York Supreme Court Appellate Division
Citation756 N.Y.S.2d 890,304 A.D.2d 579
Decision Date07 April 2003
PartiesIn the Matter of DANIEL E. MADURA, JR., Appellant,<BR>v.<BR>NATALIE NASS, Respondent.

304 A.D.2d 579
756 N.Y.S.2d 890

In the Matter of DANIEL E. MADURA, JR., Appellant,
v.
NATALIE NASS, Respondent.

Decided April 7, 2003.


[304 A.D.2d 580]

S. Miller, J.P., Krausman, Townes and Mastro, JJ., concur.

Ordered that the order is affirmed, with costs.

The Family Court providently exercised its discretion in denying the father's objections to the order of the hearing examiner, which denied his petition for downward modification of his child support obligation. "Although a petition for downward modification of child support may be granted when a party loses his or her job, it may be denied when the moving party has not made a good faith effort to obtain employment commensurate with his or her qualifications" (Matter of Musumeci v Musumeci, 295 AD2d 516 [2002]). The father failed to establish due diligence in trying to find another job (see Matter of Austein-Gillman v Gillman, 292 AD2d 524 [2002]). Moreover, it is well settled that "[a] parent's child support obligation is not necessarily determined by his or her current financial condition" (Orlando v Orlando, 222 AD2d 906, 907 [1995]), but rather by his or her ability to provide support (see Family Ct Act § 413 [1] [a]; Matter of Zwick v Kulhan, 226 AD2d 734 [1996]; Matter of Darling v Darling, 220 AD2d 858, 859 [1995]; Matter of Susan M. v Louis N., 206 AD2d 612, 613 [1994]). The Family Court properly attributed income to the father based upon his proven earning potential as indicated by his past professional experience and educational background. Therefore, he was not entitled to a downward modification of his child support obligation.

The father's argument that his child support obligation reduces his income below the "self-support reserve" (Family Ct Act § 413 [1] [b] [6]), is raised for the first time on appeal. In any event, the record is devoid of evidence sufficient to substantiate this contention (see Family Ct Act § 413 [1] [d]; Matter of Mammone v Yellen, 224 AD2d 883, 886 [1996]).

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7 practice notes
  • Szalapski v. Schwartz, No. 2003/8830.
    • United States
    • United States State Supreme Court (New York)
    • March 29, 2011
    ...his or her qualifications and experience. Davis v. Davis, 13 A.D.3d 623, 624, 787 N.Y.S.2d 113 (2d Dep't 2004), citing Madura v. Nass, 304 A.D.2d 579, 580, 756 N.Y.S.2d 890 (2d Dep't 2003); Austein–Gillman v. Gillman, 292 A.D.2d 5324 (2d Dep't 2002).6 The proper amount of support to be paid......
  • In the Matter of John Karagiannis v. Karagiannis
    • United States
    • New York Supreme Court Appellate Division
    • May 18, 2010
    ...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, 580, 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 she has......
  • Aranova v. Aranov
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2010
    ...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 she has made......
  • Ippolito v. Uriarte
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...( see Family Ct. Act § 451[2]; Matter of Suyunov v. Tarashchansky, 98 A.D.3d at 745, 950 N.Y.S.2d 399; Matter of Madura v. Nass, 304 A.D.2d 579, 580, 756 N.Y.S.2d 890). The Support Magistrate declined to modify the father's child support obligation. Although the father had lost his job, he ......
  • Request a trial to view additional results
7 cases
  • Szalapski v. Schwartz, No. 2003/8830.
    • United States
    • United States State Supreme Court (New York)
    • March 29, 2011
    ...his or her qualifications and experience. Davis v. Davis, 13 A.D.3d 623, 624, 787 N.Y.S.2d 113 (2d Dep't 2004), citing Madura v. Nass, 304 A.D.2d 579, 580, 756 N.Y.S.2d 890 (2d Dep't 2003); Austein–Gillman v. Gillman, 292 A.D.2d 5324 (2d Dep't 2002).6 The proper amount of support to be paid......
  • In the Matter of John Karagiannis v. Karagiannis
    • United States
    • New York Supreme Court Appellate Division
    • May 18, 2010
    ...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, 580, 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 she has......
  • Aranova v. Aranov
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2010
    ...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 she has made......
  • Ippolito v. Uriarte
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...( see Family Ct. Act § 451[2]; Matter of Suyunov v. Tarashchansky, 98 A.D.3d at 745, 950 N.Y.S.2d 399; Matter of Madura v. Nass, 304 A.D.2d 579, 580, 756 N.Y.S.2d 890). The Support Magistrate declined to modify the father's child support obligation. Although the father had lost his job, he ......
  • Request a trial to view additional results

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