Fisher v. Robinson — 294 A.D.2d 362

Majority

p. 362

In the Matter of Jennifer Fisher, Also Known as Jennifer Fisher-Bowe, Respondent, v Louie Robinson, Appellant.

[741 NYS2d 719]

—In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Kings County (Lopez-Torres, J.), dated January 5, 2001, which denied his objections to an order of the same court (LaFreniere, H.E.), dated November 1, 2000, which dismissed his application for a downward modification of his child support obligation.

Ordered that the order is affirmed, with costs.

The appellant failed to establish a change in circumstances

p. 363

sufficient to warrant downward modification of his child support obligation (see Matter of Brescia v Fitts, 56 NY2d 132 ; Matter of Murphy v Rutowicz, 271 AD2d 691 ).

We reject the father’s argument that his child support obligation should be proportionally offset by the amount of time the child spends with him (see Bast v Rossoff, 91 NY2d 723 , 730-732). Finally, the Family Court properly found that the expenses the appellant claims he incurs to exercise visitation with the child do not constitute extraordinary expenses which warrant a downward modification of child support (see Juneau v Juneau, 240 AD2d 858 , 859). Feuerstein, J.P., S. Miller, Krausman and Cozier, JJ., concur.

Cases cited

Brescia v. Fitts 56 NY2d 132 N.Y. 1982-05-20 p. 363
Bast v. Rossoff 91 NY2d 723 N.Y. 1998-06-16 at 730-732 p. 363
Juneau v. Juneau 240 AD2d 858 N.Y. App. Div. 1997-06-19 at 859 p. 363