Ordered that the order dated March 24, 2010, is affirmed, with costs.
Since the father's child support obligation was set by agreement, he bore the burden of establishing both a substantial and an unanticipated change of circumstances ( see Matter of Field v Field, 67 AD3d 1012, citing Matter of Boden v Boden, 42 NY2d 210, 212, 213; Matter of Mera v Rodriguez, 74 AD3d 974; Matter of Gedacht v Agulnek, 67 AD3d 1013; Matter of Ripa v Ripa, 61 AD3d 766). Although loss of employment may constitute a substantial and unanticipated change of circumstances, a party seeking a downward modification of his or her child support obligation based upon a loss of employment has the burden of demonstrating that he or she diligently sought to obtain employment commensurate with his or her earning capacity ( id.).
We agree with the finding of the Support Magistrate that the appellant failed to meet that burden.