In the Matter of Sheryl Fatig, Respondent, v. Vincent DeRosa, Appellant

In the Matter of Sheryl Fatig, Respondent, v Vincent DeRosa, Appellant. [690 NYS2d 356] [MAJORITY] —Order unanimously affirmed with costs. Memorandum: Family Court properly granted petitioner’s application for an upward modification of child support based upon an unanticipated and unreasonable change in circumstances (see, Matter of Boden v Boden, 42 NY2d 210, 213; cf., Matter of Hulik v Hulik, 201 AD2d 909). Petitioner established that, after the parties entered into their stipulation that was incorporated but not merged into the judg- [MAJORITY] ment of divorce, she suffered an unanticipated disabling injury that prevented her from pursuing a nursing career. She is working only part time and her income is minimal, whereas respondent’s income has increased. Thus, petitioner met her burden (see, Matter of Boden v Boden, supra, at 213). The court properly applied the Child Support Standards Act guidelines in determining respondent’s child support obligations (see, Matter of Chappell v Chappell, 229 AD2d 952). (Appeal from Order of Erie County Family Court, Szczur, J. — Support.) Present— Lawton, J. P., Wisner, Hurlbutt, Callahan and Balio, JJ.