BELMORE GAILLARD v. GAILLARD (2008)

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

Tammy BELMORE-GAILLARD, Plaintiff-Appellant, v. Robert R. GAILLARD, Jr., Defendant-Respondent.

Decided: May 29, 2008

FRIEDMAN, J.P., WILLIAMS, CATTERSON, ACOSTA, JJ.

Tammy Belmore-Gaillard, appellant pro se. Robert R. Gaillard, Jr., respondent pro se.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered April 13, 2007, which confirmed a special referee's report finding, inter alia, that plaintiff is not entitled to a reduction in her child support obligations, unanimously affirmed, without costs.

Plaintiff's child support obligations were fixed in a March 1999 order entered on default. A motion by plaintiff five years later to vacate that order was denied in a July 2005 order finding that plaintiff's claim of lack of service was demonstrably false. Plaintiff's present claim to the contrary is conclusory and otherwise unavailing. To the extent plaintiff seeks a downward modification of child support based on the child's own receipt of monthly Social Security disability payments, we note, as did the motion court, plaintiff's failure to submit a net worth statement as required by 22 NYCRR 202.16.

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