Opinion
Argued March 26, 2001
April 16, 2001
In a matrimonial action in which the parties were divorced by judgment entered November 20, 1984, the defendant former wife appeals from an order of the Supreme Court, Nassau County (Fleischman, J.H.O.), entered August 20, 1999 which, after a hearing, denied her motion for an upward modification of the plaintiff's child support obligation.
Jeffrey S. Schechter Associates, P.C., Garden City, N.Y. (Bryce R. Levine of counsel), for appellant.
Paul L. Wershals, Westbury, N.Y. (Faden Goldmacher [Beth J. Goldmacher] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, SONDRA MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The request by the defendant former wife for an upward modification of the plaintiff's child support obligation is based on the claim that the three children of the marriage are older and have grown accustomed to an affluent lifestyle, and that the plaintiff's income has increased substantially since entry of the judgment of divorce. The support obligation was initially set forth in a separation agreement, which was incorporated, but not merged into the judgment of divorce.
The defendant, as the custodial parent, has the means to more than adequately support the children and failed to show that there has been any unanticipated change in circumstances which would warrant modification of the support agreement (see, Cannata v. Cannata, 274 A.D.2d 537; Jaeger v. Jaeger, 260 A.D.2d 351).
RITTER, J.P., KRAUSMAN, S. MILLER and FEUERSTEIN, JJ., concur.