Preischel v. Preischel

Order unanimously reversed on the law without costs, objections denied and order of Hearing Examiner reinstated. Memorandum: Family Court erred in dismissing petitioner’s application for a downward modification in child support. Where the applicant demonstrates that there has been an unanticipated and unreasonable change in circumstances, the court may modify the *1119support obligations of a written separation agreement (Domestic Relations Law § 236 [B] [9] [b]; see, Matter of Boden v Boden, 42 NY2d 210, 213; Schelter v Schelter, 159 AD2d 995; Epel v Epel, 139 AD2d 488).

The record establishes…