Thomas v. Fosmire, 2015-07228, Docket No. F-18064-10/14B.

• Decision Date: 20 April 2016
• Docket Number: 2015-07228, Docket No. F-18064-10/14B.
• Citation: 2016 N.Y. Slip Op. 03004,138 A.D.3d 1007,30 N.Y.S.3d 268
• Parties: Matter of Marvin THOMAS, appellant, v. Jennie FOSMIRE, respondent.
• Court: New York Supreme Court — Appellate Division

138 A.D.3d 1007
30 N.Y.S.3d 268
2016 N.Y. Slip Op. 03004

Matter of Marvin THOMAS, appellant,
v.
Jennie FOSMIRE, respondent.

2015-07228, Docket No. F-18064-10/14B.

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

April 20, 2016.

30 N.Y.S.3d 269

Marvin Thomas, Brentwood, N.Y., appellant pro se.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER and HECTOR D. LaSALLE, JJ.

138 A.D.3d 1007

Appeal from an order of the Family Court, Suffolk County (Bernard Cheng, J.), dated June 30, 2015. The order denied the father's objections to an order of that court (Isabel E. Buse, S.M.) dated May 22, 2015, which, after a hearing, denied his petition for an upward modification of the mother's child support obligation.

ORDERED that the order dated June 30, 2015, is affirmed, without costs or disbursements.

In an order dated July 28, 2011, the Family Court directed the mother of the parties' children to pay child support in the amount of $517 per month. In August 2014, the father petitioned for an upward modification of the mother's child support obligation. A Support Magistrate denied the petition, and the father filed objections. In an order dated June 30, 2015, the court denied the father's objections. The father appeals from that order.

The current child support order was issued in July 2011, and therefore, the father's petition for an upward modification of the mother's child support obligation must be analyzed in the context of the 2010 amendments to Family Court Act § 451. Section 451 of the Family Court Act “allows a court to modify an order of child support, without requiring a party to allege or demonstrate a substantial change in circumstances, where either party's gross income has changed by 15% or more since the order was entered or modified” (Matter of Zibell v. Zibell, 112 A.D.3d 1101, 1102, 976 N.Y.S.2d 625 ; see Family Ct. Act § 451[3][b][ii] ), or where three years or more have passed since the order was entered, last modified, or adjusted (see Family Ct. Act § 451[3][b][i] ;...