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In the Matter of SHARMIN HABIB, respondent, v. MOHAMMED HABIB, appellant.

DECISION ORDER

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

The father was required to demonstrate a change of circumstances to obtain a downward modification of a prior child support order (see, Matter of Yeager v. Yeager, 266 A.D.2d 223 [2d Dept., Nov. 1, 1999]; Matter of Orange County Dept. of Social Servs. v. Meehan, 252 A.D.2d 588; Family Ct. Act § 461 Fam. Ct. Act[b][ii]; see generally, Matter of Brescia v. Fitts, 56 N.Y.2d 132). When a request for downward modification depends upon the credibility of the movant, the determination of the trier of fact is to be accorded great weight (see, Matter of Hargrove v. Frazier, 242 A.D.2d 723; Matter of Roth v. Bowman, 237 A.D.2d 447). We agree with the Family Court that the Hearing Examiner properly determined that the father failed to establish a change of circumstances warranting a downward modification of his child support obligation.

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MATTER OF HABIB v. HABIB
(Feb 17, 2000)