Brooker v. Brooker

Order unanimously reversed on the law without costs and application dismissed. Memorandum: Defendant appeals from an order that granted plaintiff’s application for an upward modification of child support from $140 per week, as stipulated by the parties in an agreement incorporated but not merged into a 1991 judgment of divorce, to $190 per week. In increasing support, Supreme Court found *887that an approximately 44% increase in defendant’s income constituted an unanticipated change in circumstances.

We conclude that plaintiff failed to establish an unanticipated and unreasonable change in…