FAILED TO SHOW A “SUBSTANTIAL CHANGE IN CIRCUMSTANCES”
After his requests to lower his child-support obligations were denied by the Westchester County Family Court, dad appealed.
Noting that the Family Court Act required that he show that a “’change in either party's gross income by [15%] or more since the [support] order was entered [or] modified,’" and that he had the burden to establish "the existence of a substantial change in circumstances warranting the modification,” the Appellate Division, Second Department, left the outcome undisturbed.
Not only was the dad unable to show the requisite income drop or “substantial change," but the AD2 noted that the total value of his assets had increased since the 2016 support order.
Now how supportable was that?
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DECISION