Absence of Complete Financial Disclosure Did Not Preclude Family Court from Making “Change-of-Circumstances” Determination

The Third Department affirmed Family Court’s modification of the father’s support obligation in the absence of complete financial disclosure because reliable financial evidence was in the record:

Although Family Court was entitled to deny the father’s requested relief based upon  his failure to comply with Family Ct Act § 424–a, this Court has approved orders of support in the absence of complete financial disclosure where reliable evidence otherwise has appeared on  the face of the record…. Here,  the father’s sworn statement of net worth and testimony, the latter of which was subject to examination by the Support Magistrate and cross-examination by the mother, was sufficient to demonstrate the requisite change in circumstances.  Matter of Mata v Nebesnik, 516104, 3rd Dept 6-27-13