FATIG v. DE ROSA (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Sheryl FATIG, Petitioner-Respondent, v. Vincent DE ROSA, Respondent-Appellant.

Decided: May 07, 1999

PRESENT: LAWTON, J.P., WISNER, HURLBUTT, CALLAHAN and BALIO, JJ.

Kenneth Farrell, for respondent-appellant. Robert Druar, Buffalo, for petitioner-respondent.

Family Court properly granted petitioner's application for an upward modification of child support based upon an unanticipated and unreasonable change in circumstances (see, Matter of Boden v. Boden, 42 N.Y.2d 210, 213, 397 N.Y.S.2d 701, 366 N.E.2d 791; cf., Matter of Hulik v. Hulik, 201 A.D.2d 909, 607 N.Y.S.2d 801). Petitioner established that, after the parties entered into their stipulation that was incorporated but not merged into the judgment of divorce, she suffered an unanticipated disabling injury that prevented her from pursuing a nursing career. She is working only part time and her income is minimal, whereas respondent's income has increased. Thus, petitioner met her burden (see, Matter of Boden v. Boden, supra, at 213, 397 N.Y.S.2d 701, 366 N.E.2d 791). The court properly applied the Child Support Standards Act guidelines in determining respondent's child support obligations (see, Matter of Chappell v. Chappell, 229 A.D.2d 952, 645 N.Y.S.2d 241).

Order unanimously affirmed with costs.

MEMORANDUM:

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