Opinion
August 9, 1993
Appeal from the Family Court, Kings County (Lubow, J.).
Ordered that the order is reversed, on the law, with costs, the appellant's objections to the order of the Hearing Examiner are sustained, and the proceeding for upward modification of child support is dismissed.
We find that the petitioner mother failed to demonstrate an unanticipated and unreasonable change in circumstances or that the agreement entered into by the parties was unfair when entered into (see, Matter of Boden v Boden, 42 N.Y.2d 210), or that her income and the amount of the original child support agreed to were insufficient to meet the children's present needs (see, Matter of Brescia v Fitts, 56 N.Y.2d 132). The petitioner's income had risen from approximately $14,500 at the time the 1987 judgment of divorce was entered to approximately $27,500 at the time of the hearing in 1991. Moreover, the increased expenses claimed were attributable either to the petitioner's own schooling and other personal expenses or to the normal growth of the children (see, Brevetti v Brevetti, 182 A.D.2d 606; Matter of Bernstein v Goldman, 180 A.D.2d 735; May May Cheng v McManus, 178 A.D.2d 906). Accordingly, we reverse the order of the Family Court and dismiss the petition. Thompson, J.P., Balletta, Ritter and Pizzuto, JJ., concur.