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IN RE RICHARD K., pet-ap, v. DEBORAH K., res-res

4640. IN RE RICHARD K., pet-ap, v. DEBORAH K., res-res — David Zaslavsky, New York, for ap — DEBORAH A. K., RESPONDENT PRO SE.—Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about July 6, 2016, which denied petitioner's objections to a Support Magistrate's order dismissing, after a hearing, his petition for a downward modification of his child and spousal support obligations, unanimously affirmed, without costs.

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4640. IN RE RICHARD K., pet-ap, v. DEBORAH K., res-res — David Zaslavsky, New York, for ap — DEBORAH A. K., RESPONDENT PRO SE.—Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about July 6, 2016, which denied petitioner’s objections to a Support Magistrate’s order dismissing, after a hearing, his petition for a downward modification of his child and spousal support obligations, unanimously affirmed, without costs.

The court providently exercised its discretion in determining that petitioner failed to show a substantial change in circumstances to warrant a downward modification of his child support obligation after he was convicted of a federal crime and disbarred (see Matter of Boden v. Boden, 42 NY2d 210, 213 [1977]; Matter of Karagiannis v. Karagiannis, 73 AD3d 1064, 1065 [2d Dept 2010]). That his income was reduced due to his incarceration was but one factor that the court, in its discretion, could consider (see Family Court Act §451[3][a]). The court also properly considered petitioner’s credibility with respect to the income shown on his tax returns and his overall financial situation.

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