Freedman v. Horike

Summary

The New York Appellate Division reviewed proceedings concerning child support arrears, an alleged willful violation of a support order, and the father's request for a downward modification of support. The court affirmed Family Court's determination that the father failed to prove inability to pay or a sufficient change in circumstances warranting modification.

Holdings

1. Because the father undisputedly failed to meet his support obligations, he bore the burden of proving by competent, credible evidence that he was unable to make the required payments. He failed to meet that burden, so the finding of willful violation was affirmed.
2. The father failed to establish a sufficient change in circumstances warranting a downward modification of child support. A child-support obligation turns on the parent's ability to provide support rather than solely on the parent's current financial situation, and the father's longstanding voluntary reduction of income and receipt of public assistance did not constitute a substantial change in circumstances.

Questions Presented

1. Whether the father established an inability to comply with the prior child-support order sufficient to defeat a finding of willful violation.
2. Whether the father established a sufficient change in circumstances warranting a downward modification of child support.
3. Whether Family Court's factual findings were supported by the record.

Disposition

affirmed