Fourth Department — Child Support: Kasprowicz v. Osgood

Appellate Division, Fourth Department

Child Support

Downward Modification — Financial Disclosure

Kasprowicz v. Osgood
CA 12-00155
Appealed from Family Court, Allegany County

Background: The petitioner father appealed from an order confirming the finding of a support magistrate that he willfully violated an order of child support. The petitioner argued that the court ought to have granted a downward modification of his support obligation.

Ruling: The Appellate Division affirmed. The father was required to provide evidence that he was diligently seeking re-employment and failed to do so. Further, it was not in error for the support magistrate to deny the petition without first receiving financial disclosure statements as it was the father to demonstrate a substantial change in circumstances warranting a downward modification.

Kathleen P. Reardon for the respondent-appellant and petitioner-appellant; Carolyn Kellogg Jonas for the petitioner-respondent and respondent-respondent