IN THE MATTER OF CLARKE v. CLARKE

ORDERED that the order is affirmed, with costs.

The Family Court properly denied the father's objections to an order dismissing his petition for a downward modification of child support and maintenance obligations set forth in a stipulation of settlement incorporated but not merged in the parties' judgment of divorce ( see Domestic Relations Law § 236[B][9][b]; Beard v. Beard, 300 A.D.2d 268; Brevetti v. Brevetti, 182 A.D.2d 606). The father sought such modifications based on his re-employment at a substantially lower income than what he was earning at the time the stipulation was executed ( see Beard v. Beard, supra; Matter of Meyer v. Meyer, 205 A.D.2d 784). However, at the hearing, there was a failure of proof as to the exact circumstances under which the father lost his former employment, whether it was due to his fault, and whether he used his best efforts to obtain new employment commensurate with his qualifications and experience ( see Beard v. Beard, supra). Accordingly, the Family Court properly dismissed his petition for a downward modification of his child support and maintenance obligations.

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.