It is undisputed that the defendant's earnings had increased by 15% or more from the sum set forth in the stipulation of settlement. Accordingly, the plaintiff made the threshold showing that a modification of the defendant's child support obligation was warranted, and the court should not have denied that branch of her motion without a hearing (see Matter ofEmig v. Emig, 192 A.D.3d 1024, 1024–1025, 140 N.Y.S.3d 764 ; Matter ofKhost v. Ciampi, 189 A.D.3d at 1410, 134 N.Y.S.3d 735 ; Matter ofRegan v. Regan, 173 A.D.3d 874, 875, 100 N.Y.S.3d 545 ; Matter ofCalta v. Hoagland, 167 A.D.3d 598, 598–599, 89 N.Y.S.3d 247 ). A court has the authority to award an attorney's fee in custody proceedings when warranted under the circumstances of the case (see Domestic Relations Law § 237[b] ; Matter ofDeCillis v. DeCillis, 137 A.D.3d 1122, 1123, 26 N.Y.S.3d 887 ).
It is undisputed that the defendant's earnings had increased by 15% or more from the sum set forth in the stipulation of settlement. Accordingly, the plaintiff made the threshold showing that a modification of the defendant's child support obligation was warranted, and the court should not have denied that branch of her motion without a hearing (see Matter of Emig v Emig, 192 A.D.3d 1024, 1024-1025; Matter of Khost v Ciampi, 189 A.D.3d at 1410; Matter of Regan v Regan, 173 A.D.3d 874, 875; Matter of Calta v Hoagland, 167 A.D.3d 598, 598-599). A court has the authority to award an attorney's fee in custody proceedings when warranted under the circumstances of the case (see Domestic Relations Law § 237[b]; Matter of DeCillis v DeCillis, 137 A.D.3d 1122, 1123).