Opinion
October 7, 1992
Appeal from the Oneida County Family Court, Flemma, J.
Present — Callahan, J.P., Boomer, Pine, Boehm and Doerr, JJ.
Order unanimously affirmed with costs. Memorandum: Family Court properly affirmed the order of the Hearing Examiner that modified the judgment of divorce by increasing the amount of child support to be paid by respondent. Contrary to respondent's contention, the Hearing Examiner and the court properly applied the standards set forth in Matter of Brescia v Fitts ( 56 N.Y.2d 132) rather than in Matter of Boden v Boden ( 42 N.Y.2d 210). Petitioner was not seeking to readjust the respective obligations of the parents to support the children but was asserting the children's right to receive adequate support. Here, the evidence shows that the combination of petitioner's "own income and the payments contributed by respondent does not adequately meet the children's needs" (Matter of Brescia v Fitts, supra, at 140).