Opinion
Submitted January 6, 2000
February 17, 2000
In a child support proceeding pursuant to Family Court Act article, the father appeals from an order of the Family Court, Kings County (McLeod, J.), dated November 16, 1998, which denied his objections to an order of the same court (LaFreniere, H.E.), dated September 2, 1998, which, after a hearing, dismissed his petition for a downward modification of child support.
Kuba, Mundy and Associates, New York, N.Y. (Dawn P. Guidone of counsel), for appellant.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The father was required to demonstrate a change of circumstances to obtain a downward modification of a prior child support order (see, Matter of Yeager v. Yeager, 266 A.D.2d 223 [2d Dept., Nov. 1, 1999]; Matter of Orange County Dept. of Social Servs. v. Meehan, 252 A.D.2d 588; Family Ct. Act § 461 Fam. Ct. Act[b][ii]; see generally, Matter of Brescia v. Fitts, 56 N.Y.2d 132). When a request for downward modification depends upon the credibility of the movant, the determination of the trier of fact is to be accorded great weight (see, Matter of Hargrove v. Frazier, 242 A.D.2d 723; Matter of Roth v. Bowman, 237 A.D.2d 447). We agree with the Family Court that the Hearing Examiner properly determined that the father failed to establish a change of circumstances warranting a downward modification of his child support obligation.