Opinion
January 25, 1993
Appeal from the Supreme Court, Queens County (Corrado, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which directed the plaintiff pay the rent on the marital apartment; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
We agree with the plaintiff husband that the parties' antenuptial agreement is applicable under the circumstances presented, and forecloses the defendant wife from seeking any award of maintenance from the husband, including maintenance pendente lite (see, Panossian v. Panossian, 172 A.D.2d 811; Cruey v. Cruey, 159 A.D.2d 241). The parties broadly and unequivocally renounced all claims against each other "under any circumstances" for support, maintenance, or alimony, in the event, inter alia, of the "breakup" of the marriage by "separation or otherwise". Since the foregoing provision is applicable, the provision of the order requiring the husband to pay the wife's monthly rental expenses must be vacated. Contrary to the wife's contentions, the record fails to support her assertion that she is "incapable of self-support and therefore is likely to become a public charge" in the event the agreement is enforced (see, General Obligations Law § 5-311; cf., Panossian v. Panossian, 172 A.D.2d 811, supra).
We disagree with the husband, however, that the court erred when it modified a pre-existing Family Court order by increasing weekly child support to $125 per week, pendente lite. The record demonstrates the requisite substantial change in circumstances, which includes the sudden illness of the wife and loss of her job resulting in a temporary and substantial loss of income, and fails to support the husband's assertion that the award was excessive in light of his ability to pay (see, Domestic Relations Law § 236 [B] [9] [b]; Clemente v. Clemente, 186 A.D.2d 620; see also, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 141).
We have reviewed the parties' remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.