Opinion
January 24, 1980
Appeal from the Jefferson County Family Court.
Present — Simons, J.P., Schnepp, Callahan, Doerr and Moule, JJ.
Order unanimously affirmed, without costs. Memorandum: The petition in this proceeding (Family Ct Act, § 461) failed to allege any change in the circumstances of the child or father sufficient to warrant an evidentiary hearing to determine whether modification of the child support provision of the divorce judgment was warranted (Tarr v Tarr, 70 A.D.2d 504; Huber v Huber, 59 A.D.2d 1063). There is no claim that the child's inability to function within the public school system necessitated her enrollment in a private school (Matter of Monesi v Monesi, 55 A.D.2d 1020). Further, the mere fact that the child has grown older does not serve as a basis for increased support absent any other showing (Roller v Roller, 64 A.D.2d 854, 855). Our affirmance is without prejudice, however, to a renewal of the application in Family Court on an appropriate showing, if appellant be so advised.