Appeal from an order of the Family Court of Delaware County (Estes, J.), entered April 19, 2002, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior order of child support.
By order entered August 21, 2000, petitioner was directed to,
We affirm. The case law makes clear that a parent seeking a downward modification of his or her support obligation bears the burden of demonstrating a sufficient change in circumstances to warrant such modification (see Matter of Cohen v Hartmann,
Although petitioner argues that he essentially was forced to leave military service in order to avoid a dishonorable discharge due to credit problems, his testimony at the December 2001 modification hearing belies this contention. Indeed, a fair reading of petitioner’s testimony reveals that his decision to leave the military was entirely voluntary, as was his assumption of certain marital debt. As petitioner candidly stated: “I got out of the military to be closer to my children. * * * When I came back to New York * * * right before I was getting out of the Army, that was my request. My time was up. I served the time that I was supposed to and I got out. I did not choose to stay in. I did not choose to reenlist for any means whatsoever. That was my choice. * * * When I was on my way out, I had taken all the [marital] bills under my wing. That was my choice. That left [respondent] scott free from any bills or any assets that we had developed together. I did it myself. On my
Nor are we persuaded that petitioner demonstrated that his subsequent loss of income, which was occasioned by relocating from Georgia, where he was earning $12 per hour working construction, to New York, where he earned approximately $7.50 per hour performing similar work, was unavoidable. Petitioner’s conclusory and unsubstantiated testimony regarding the purported lack of job opportunities in his field was insufficient to sustain his burden in this regard. Accordingly, based upon our review of the record as a whole, we discern no basis upon which to disturb Family Court’s findings.
Cardona, P.J., Peters, Spain and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.
