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IN RE: Dawn FORMAN, appellant, v. Eugene FROST, Jr., respondent. (Proceeding No. 1)
IN RE: Eugene Frost, Jr., respondent, v. Dawn Forman, appellant. (Proceeding No. 2)
In related child support proceedings pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Orange County (Woods, J.), entered November 12, 2008, which denied her objections to an order of the same court (Braxton, S.M.) entered September 10, 2008, which, after a hearing, denied her petition for an award of child support arrears, and granted the father's petition to modify his child support obligation as set forth in a judgment of divorce entered April 2, 2003.
ORDERED that the order is affirmed, without costs or disbursements.
The mother's contentions regarding her decision to proceed pro se are unpreserved for appellate review, as they were not raised in her objections to the Support Magistrate's order (see Matter of Primus v. Mason-Primus, 63 A.D.3d 743, 744, 879 N.Y.S.2d 732; Matter of Corr v. Corr, 3 A.D.3d 567, 770 N.Y.S.2d 649).
The evidence adduced at the hearing demonstrated that the father's employment was terminated through no fault of his own, and that he diligently made a good-faith effort to obtain employment commensurate with his qualifications and experience. Accordingly, the Family Court properly denied the mother's objections to so much of the Support Magistrate's order as granted the father's petition to modify the child support provision contained in a stipulation of settlement, which was incorporated, but not merged, into the parties' judgment of divorce (see Matter of DiPaola v. DiPaola, 28 A.D.3d 480, 812 N.Y.S.2d 636; Matter of Ketcham v. Crawford, 1 A.D.3d 359, 361, 767 N.Y.S.2d 47).
The Family Court properly denied the mother's objections to so much of the Support Magistrate's order as denied her petition for an award of child support arrears, as the record supports the Support Magistrate's finding that the mother was not entitled to such an award (see Matter of Mais v. Jarrett, 5 A.D.3d 491, 772 N.Y.S.2d 555; Lemme v. Lemme, 295 A.D.2d 407, 743 N.Y.S.2d 723; In re Proceeding for Support, 265 A.D.2d 19, 23, 704 N.Y.S.2d 599).
The mother's remaining contention is without merit.
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Decided: November 17, 2009
Court: Supreme Court, Appellate Division, Second Department, New York.
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