JONES v. McCULLOUGH (2000)

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

Matter of Ernest JONES, Petitioner-Appellant, v. Evone McCULLOUGH, Respondent-Respondent.

Decided: March 29, 2000

Present: PIGOTT, JR., P.J., GREEN, WISNER, SCUDDER and KEHOE, JJ.

Rene F. Hensel, Rochester, for petitioner-appellant.

Family Court properly denied the objections of petitioner to the Hearing Examiner's order denying his petition for a downward modification of child support and granting respondent's cross petition for an upward modification of child support. The Hearing Examiner properly determined that respondent established a change of circumstances warranting the increase in the best interests of the children (see, Matter of Michaels v. Michaels, 56 N.Y.2d 924, 926, 453 N.Y.S.2d 605, 439 N.E.2d 321). The record establishes that the combination of respondent's income and the payments received from petitioner is inadequate to meet the children's needs (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 140, 451 N.Y.S.2d 68, 436 N.E.2d 518; Matter of Gianniny v. Gianniny, 256 A.D.2d 1079, 683 N.Y.S.2d 769). The remaining contentions of petitioner were not raised in his objections to the Hearing Examiner's order and are thus beyond the scope of appellate review (see, Matter of Ouimet v. Ouimet, 193 A.D.2d 1099, 598 N.Y.S.2d 632).

Order unanimously affirmed without costs.

MEMORANDUM:

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