Fowler v. RiveraFowler v. Rivera
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The Family Court properly denied the father‘s objections to the order of the Support Magistrate, inter alia, denying his petition for a downward modification of his child support obligation (see Matter of Heyward v Goldman, 23 AD3d 468, 469 [2005]; Matter of D‘Altilio v D‘Altilio, 14 AD3d 701 [2005]; cf. Matter of Glinski v Glinski, 199 AD2d 994 [1993]).
A parent seeking downward modification of a child support obligation has the burden of establishing a change in circumstance (see Matter of Prisco v Buxbaum, 275 AD2d 461 [2000]). In order to meet that burden, a party seeking a downward modification based on a loss of employment must submit evidence showing a good-faith effort to obtain employment commensurate with that party‘s earning capacity or, alternatively, must establish that his or her previously established earning capacity has been impaired (see Matter of Yepes v Fichera, 230 AD2d 803 [1996]; Matter of Davis v Davis, 197 AD2d 622, 623 [1993]). The conclusory allegations of the father, a self-employed owner of a heretofore lucrative closely-held corporation, were not sufficient to establish that he diligently searched for comparable means of earning an income (see Barson v Barson, 32 AD3d 872 [2006]). Accordingly, the Family Court properly denied his petition for downward modification. Crane, J.P., Ritter, Lifson and Balkin, JJ., concur.