IN THE MATTER OF LA RUSSO v. SPENCER

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing that an unanticipated or unreasonable change of circumstances has occurred to warrant a downward modification ( see Matter of De Luca v. Randall, 285 AD2d 684, 686). "A party who causes [his] own inability to pay support is not entitled to a downward modification of support payments" ( Matter of Fries v. Price-Yablin, 209 AD2d 1002, 1003).