MATTER OF NANNAN L. v. STEPHEN L.

Docket Nos. F-05630-11/12B, F-05630-11/13C. Appeal No. 13119. Case No. 2020-03306.

191 A.D.3d 533 (2021)

141 N.Y.S.3d 57

2021 NY Slip Op 01001

In the Matter of Nannan L., Respondent, v. Stephen L., Appellant. In the Matter of Stephen L., Appellant, v. Nannan L., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 16, 2021.


Attorney(s) appearing for the Case

Advocate, LLP, New York ( Jason Advocate of counsel), for appellant.

Orrick, Herrington & Sutcliffe, LLP, New York ( Rene Kathawala of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.


The father failed to meet his burden to show a substantial change in circumstances warranting a downward modification of his child support obligations as of the time of the filing of the petition (see D'Alesio v D'Alesio, 300 A.D.2d 340, 341 [2d Dept 2002]; Klapper v Klapper, 204 A.D.2d 518, 518 [2d Dept 1994]). The finding that the father had the ability to pay the

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