Sutton v. Sutton

— Order unanimously reversed on the law without costs, petition granted and matter remitted to Niagara County Family Court for further proceedings, in accordance with the following Memorandum: We find that petitioner is entitled to an upward modification of child support because she demonstrated that she cannot meet the increased financial needs of the children based on her income and the current child support she is receiving from respondent (see, Matter of Brescia v Fitts, 56 NY2d 132, 141). It is well settled that, where a child’s right to receive adequate support is asserted in a petition…