EVANS v. OLIVEIRA (2018)

Order, Supreme Court, New York County (Laura E. Drager, J.), entered March 8, 2017, which denied the mother's motion for an upward modification of the child support provisions contained in the parties' settlement agreement, unanimously affirmed, without costs.

The mother failed to make a prima facie showing that a substantial, unanticipated change in circumstances occurred warranting a modification of the child support agreed to in the parties' May 2010 stipulation of settlement, which was incorporated but not merged into their judgment of divorce (see Zaratzian v. Abadir, 128 A.D.3d 953, 12 N.Y.S.3d 104 [2d Dept. 2015] ). Her failure to find employment commensurate with her training and expertise does not constitute an unanticipated change in circumstances, as the record reveals that she was either unemployed or underemployed at the time the agreement was entered into (see W.B. v. D.B., 114 A.D.3d 551, 980 N.Y.S.2d 453 [1st Dept. 2014] ). The decrease in the mother's income attributable to the cessation of spousal maintenance was not an unanticipated change, but instead a negotiated consequence of the settlement agreement.

Finally, the alleged increase in the father's income does not constitute an unanticipated change in circumstances warranting an increase in support (see W.B. v. D.B., 114 A.D.3d 551, 980 N.Y.S.2d 453), as the mother has not identified any needs of the child that are not being met (see Kamerman v. Kamerman, 269 A.D.2d 165, 702 N.Y.S.2d 77 [1st Dept. 2000] ).

We have considered the mother's remaining arguments and find them unavailing.