Belmore-Gaillard v Gaillard
2008 NY Slip Op 04795 [51 AD3d 603]
May 29, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


Tammy Belmore-Gaillard, Appellant,
v
Robert R. Gaillard, Jr., Respondent.

[*1] 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. Concur—Friedman, J.P., Williams, Catterson and Acosta, JJ.