Opinion
October 3, 1994
Appeal from the Family Court, Suffolk County (Freundlich, J.).
Ordered that the order is affirmed, without costs or disbursements.
The parties entered into a stipulation of settlement dated April 3, 1990, which obligated the father to pay child support for their son in the amount of $75 per week. The stipulation was incorporated into, but not merged with, the parties' judgment of divorce dated February 11, 1991. In April 1992 the mother commenced this proceeding.
A parent seeking an upward modification of child support must demonstrate an unanticipated and unreasonable change in circumstances (see, Matter of Boden v. Boden, 42 N.Y.2d 210) or that the needs of the child cannot be adequately met without an increase in child support (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132; Matter of Michaels v. Michaels, 56 N.Y.2d 924). Contrary to the father's contention, the mother met her burden of establishing an unanticipated and unreasonable change in circumstances based on the fact that her yearly income had decreased by approximately one-third. Consequently, an increase in child support was warranted.
We have considered the father's remaining contention and find it to be without merit. Sullivan, J.P., Santucci, Joy and Krausman, JJ., concur.