Ordered that the order dated October 8, 2008 is reversed, on the law, without costs or disbursements, the father's objection is granted, the order dated August 12, 2008 is vacated, and the matter is remitted to the Family Court, Kings County, for a new hearing solely on the issue of the father's ability to pay the amount of support in the judgment of divorce and a new determination of the petition for a downward modification.
The father's contention that the Support...
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