Matter of Ngo v Quach

Matter of Ngo v Quach 2012 NY Slip Op 08740 Decided on December 19, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
2011-11000
(Docket No. F-13454-10)

[*1]In the Matter of Lien Thi Ngo, appellant,

v

Thang Duc Quach, respondent.




Lien Thi Ngo, Brooklyn, N.Y., appellant pro se.


DECISION & ORDER

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Kings County (Toussaint, J.), dated November 21, 2011, which denied her objections to an order of the same court (Baur, S.M.), dated July 18, 2011, which, upon findings of fact of the same court (Baur, S.M.), dated July 12, 2011, dismissed her petition for an upward modification of the father's child support obligation.

ORDERED that the order dated November 21, 2011, is affirmed, without costs or disbursements.

A party seeking modification of a support order has the burden of establishing the existence of a substantial change in circumstances warranting the modification (see Matter of Bouie v Joseph, 91 AD3d 641; Matter of Nieves-Ford v Gordon, 47 AD3d 936). Here, the Support Magistrate properly found that the mother failed to meet her burden of establishing a substantial change in circumstances. Notably, the mother's allegations that the father was living a more lavish lifestyle than he disclosed in his financial disclosure affidavit is based on evidence which predates the July 20, 2009, judgment of divorce. Accordingly, the Family Court properly denied the objections to the order dismissing the petition for an upward modification of child support.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court