Wilson v. Brunsting

—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in granting the petition for an upward modification of the child support provisions in the parties’ judgment of divorce. Those provisions incorporated and merged the parties’ stipulation, thus the applicable test was whether there had been a change of circumstances such that it is in the best interests of the child to grant an increase in child support (see, Matter of Brescia v Fitts, 56 NY2d 132, 140; Matter of Rogers v Bittner, 181 AD2d 990; Matter of Bruhn v McCready, 138 AD2d 374,…