IN RE: Suzanne GRETTLER

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

IN RE: Suzanne GRETTLER, respondent, v. Robert GRETTLER, appellant.

Decided: November 22, 2004

NANCY E. SMITH, J.P., DANIEL F. LUCIANO, REINALDO E. RIVERA, and ROBERT A. LIFSON, JJ. Maryellen McQuade, Central Islip, N.Y., for appellant. Suzanne Grettler, Kansas City, Mo., respondent pro se.

In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered January 15, 2004, which denied his objections to an order of the same court (Rodriguez, S.M.), entered September 25, 2003, which, after a hearing, inter alia, directed him to pay child support in the amount of $1,200 per month retroactive to June 11, 2002.

ORDERED that the order is affirmed, with costs.

The Family Court properly refused to disturb the Support Magistrate's order directing the father to pay $1,200 per month in child support retroactive to June 11, 2002.   The Family Court determined, and the record demonstrates, that the father's financial circumstances were self-created due to his arrest and resulting termination of employment (see Matter of Knights v. Knights, 71 N.Y.2d 865, 867, 527 N.Y.S.2d 748, 522 N.E.2d 1045;  Stempler v. Stempler, 200 A.D.2d 733, 607 N.Y.S.2d 111).   He failed to proffer any evidence that he had made substantial efforts to gain employment since his employment was terminated (see Matter of Nappi v. Nappi, 8 A.D.3d 388, 389, 777 N.Y.S.2d 729), and there were serious questions as to his credibility (see Matter of Musumeci v. Musumeci, 295 A.D.2d 516, 744 N.Y.S.2d 440).   Thus, the Family Court's denial of the father's objections was proper.

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