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IN RE DARINDA FIELD

Appellate Division of the Supreme Court of New York, Second Department.
Nov 24, 2009
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Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the father's objections to the Support Magistrate's order denying his petition for a downward modification of his child support obligation set forth in a stipulation of settlement incorporated, but not merged, in the parties' judgment of divorce. The child support provisions contained in a settlement agreement should not be disturbed unless there is a substantial, unanticipated, and unreasonable change in circumstances since the entry of the divorce judgment ( see Matter of Boden v Boden, 42 NY2d 210, 212-213; Matter of Ripa v Ripa, 61 AD3d 766). In order to meet that burden, a party seeking a downward modification based on a loss of employment must submit evidence showing a good faith effort to obtain employment commensurate with that party's earning capacity ( see Matter of Fowler v Rivera, 40 AD3d 1093, 1094). The father's conclusory allegations were not sufficient to support his claim that he used his best efforts to obtain employment commensurate with his qualifications and experience ( see Matter of D'Altilio v D'Altilio, 14 AD3d 701; Barson v Barson, 32 AD3d 872, 873).

The father's remaining contention is without merit ( see Matter of Maurer v Erdheim, 292 AD2d 455).