Poulos v. Chachere, 2017–10564

• Citation: 163 A.D.3d 679,81 N.Y.S.3d 428
• Decision Date: 11 July 2018
• Docket Number: Docket No. F–16178–14/16D,2017–10564
• Parties: In the Matter of Anthe POULOS, respondent, v. Lawrence CHACHERE, appellant.
• Court: New York Supreme Court Appellate Division

163 A.D.3d 679
81 N.Y.S.3d 428

In the Matter of Anthe POULOS, respondent,
v.
Lawrence CHACHERE, appellant.

2017–10564
Docket No. F–16178–14/16D

Supreme Court, Appellate Division, Second Department, New York.

Submitted—June 19, 2018
July 11, 2018

81 N.Y.S.3d 429

Lawrence Chachere, New York, NY, appellant pro se.

LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (John M. Hunt, J.), dated September 5, 2017. The order denied the father's objections to an order of the same court (Katerina Contaratos, S.M.) dated July 20, 2017, which, after a hearing and upon findings of fact dated July 19, 2017, granted the mother's petition for a downward modification of her child support obligation.

ORDERED that the order dated September 5, 2017, is affirmed, without costs or disbursements.

The parties, who were never married, are the parents of twins. The father is the custodial parent (see Matter of Lawrence C. v. Anthea P., 148 A.D.3d 598, 50 N.Y.S.3d 344 ; Matter of Lawrence C. v. Anthea P., 79 A.D.3d 577, 912 N.Y.S.2d 216 ). Pursuant to an order of support dated January 4, 2016, the mother was directed to pay the father $386.07 per week in child support. The amount of the mother's child support obligation, determined after a hearing, was based upon income imputed to her in the amount of $80,000 annually, which was her salary prior to the termination of her employment in 2009. The Support Magistrate found that the mother had not made good faith efforts during the pendency of the proceedings to find employment since having been terminated from her employment in 2009. Thereafter, the mother filed a petition dated May 25, 2016, for a downward modification of her child support obligation on the ground that her income had decreased. Following a hearing, the Support Magistrate found that a substantial change in circumstances had occurred in that the mother had become employed earning $410 per week and had been making diligent efforts to find employment commensurate with her experience and prior salary.

81 N.Y.S.3d 430

In an order dated July 20, 2017, the Support Magistrate granted the mother's petition and directed that the mother was responsible for paying $240.26 per week in child support. The father filed...