Carnegie v. Suffolk County Department of Social Services

Appellate Division of the Supreme Court of New York

Carnegie v. Suffolk County Department of Social Services

27 A.D.3d 648, 810 N.Y.S.2d 679

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 2006

StatusPublished

This text of 27 A.D.3d 648 (Carnegie v. Suffolk County Department of Social Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carnegie v. Suffolk County Department of Social Services, 27 A.D.3d 648, 810 N.Y.S.2d 679 (N.Y. Ct. App. 2006).

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Opinion

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated March 30, 2005, which denied his objections to so much of an order of the same court (Buse, S.M.), dated December 22, 2004, as, after a hearing, dismissed his petition to terminate his child support obligation.

Ordered that the order is affirmed, without costs or disbursements.

A parent seeking downward modification of his or her child [649]*649support obligation has the burden of establishing a substantial and unanticipated change in circumstances (see Matter of Ferrante v Ferrante, 260 AD2d 576 [1999]; Matter of Heverin v Sackel, 239 AD2d 418 [1997]). In the instant case, the father failed to adduce any evidence to demonstrate any change in circumstances regarding his ability to make his support payments. Thus, the Family Court properly dismissed his petition to terminate his child support obligation and denied his objections to the order of the Support Magistrate.

The father’s remaining contentions are without merit. Crane, J.P., Spolzino, Fisher and Dillon, JJ., concur.

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In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated March 30, 2005, which denied his objections to so much of an order of the same court (Buse, S.M.), dated December 22, 2004, as, after a hearing, dismissed his petition to terminate his child support obligation.

Ordered that the order is affirmed, without costs or disbursements.

A parent seeking downward modification of his or her child [649]*649support obligation has the burden of establishing a substantial and unanticipated change in circumstances (see Matter of Ferrante v Ferrante, 260 AD2d 576 [1999]; Matter of Heverin v Sackel, 239 AD2d 418 [1997]). In the instant case, the father failed to adduce any evidence to demonstrate any change in circumstances regarding his ability to make his support payments. Thus, the Family Court properly dismissed his petition to terminate his child support obligation and denied his objections to the order of the Support Magistrate.

The father’s remaining contentions are without merit. Crane, J.P., Spolzino, Fisher and Dillon, JJ., concur.

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Bluebook (online)

27 A.D.3d 648, 810 N.Y.S.2d 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnegie-v-suffolk-county-department-of-social-services-nyappdiv-2006.

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