Moore v. Moore

— In a proceeding for modification of a support order entered on consent under the Uniform Support of Dependents Law (Domestic Relations Law art 3-A), petitioner appeals from an order of the Family Court, Nassau County (Diamond, J.), dated June 21, 1984, which, after a hearing, granted respondent’s application to the extent of reducing his weekly support obligation from $75, as provided in an order of the Family Court dated April 5, 1983, to $50.

Order reversed, on the law, with costs, application denied,

The Family Court erred in granting the respondent’s application for a downward modification in view of the failure of the record to reveal an unanticipated change in circumstances sufficient to excuse compliance with the terms of a consent order whose fairness, when it was entered into, was unquestioned (see, Matter of Lamaitis v Mitchell, 80 AD2d 715 , 716). Moreover, although the petitioner was habitually living with another man, there was not one scintilla of proof that she, by word or conduct, held herself out as his wife (see, Northrup v Northrup, 43 NY2d 566 ; Smith v Smith, 88 AD2d 658 ; Miklowitz v Miklowitz, 79 AD2d 795 , lv denied 53 NY2d 604 ; Chalom v Chalom, 70 AD2d 944 , appeal dismissed 48 NY2d 654 ; West v West, 61 AD2d 841 ). Brown, J. P., Weinstein, Niehoff and Fiber, JJ., concur.