Clate v. Clate

Order unanimously affirmed without costs. Memorandum: Where a parent, in a petition seeking a modification of child support, asserts the child’s right to receive adequate support, ’’the test is whether petitioner has shown a change of circumstances warranting an increase in the best interests of the child” (Matter of Sutton v Sutton, 178 AD2d 980; see also, Matter of Brescia v Fitts, 56 NY2d 132, 141; Matter of Michaels v Michaels, 56 NY2d 924). Family Court properly applied the Brescia test to petitioner’s modification petition, rather than the more stringent test set forth in Matter of…