Szablak v. Keida

— Order unanimously reversed on the law with costs and matter remitted to Supreme Court, Oneida County, for further proceedings, in accordance with the following memorandum: Supreme Court denied plaintiff’s application for an upward modification in child support upon the ground that she merely sought to reapportion the support obligation between the parties (see, Matter of Boden v Boden, 42 NY2d 210). In reaching that conclusion, the court relied solely upon the financial affidavits submitted by the parties and did not conduct an evidentiary hearing. That was error. The parties entered into a…