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IN THE MATTER OF IRMA ALVAREZ, respondent, v. LUIS ALVAREZ, appellant.

ORDERED that the order is affirmed, without costs or disbursements.

The father contends that he is entitled to a downward modification of his child support obligation retroactive to the date on which one of the parties' children joined the armed services. However, the father may only be granted a downward modification of his child support obligation retroactive to January 3, 2000, which was the date of his application (see, Weitz v. Weitz, 1 A.D.2d 1025).

The father's remaining contentions are without merit.

S. MILLER, J.P., KRAUSMAN, H. MILLER and ADAMS, JJ., concur.

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IN THE MATTER OF ALVAREZ v. ALVAREZ
(Mar 18, 2002)