Nuchereno v. Pecora

Order unanimously affirmed with costs. Memorandum: Petitioner’s application for an upward modification of child support was properly denied without a hearing (see, Matter of Murphy v Rutowicz, 271 AD2d 691; Kamerman v Kamerman, 269 AD2d 165; Matter of Kotlyar v Burshtein, 268 AD2d 433, 434; Beck v Beck, 236 AD2d 703, 704). The record establishes that the parties’ respective incomes are such that, upon application of the standards in the Child Support Standards Act (Family Ct Act § 413), respondent’s child support obligation would be reduced below the level set in the parties’ 1992 settlement…