Opinion
May 20, 1996
Appeal from the Family Court, Suffolk County (Trainor, J., Ekadis, H.E.).
Ordered that the order is reversed, on the law, with costs, and the petition is dismissed.
The father's showing at the hearing that the non-custodial mother was earning considerably more money than she claimed did not suffice, without more, to establish a "change in circumstances" warranting upward modification of the mother's child support for her two sons. Significantly, the father failed to make the necessary threshold showing that there was any change or increase in the children's needs, or that his current income of $894 per week — up from $820 per week in 1990 — did not suffice to support them ( see, e.g., Matter of Brescia v. Fitts, 56 N.Y.2d 132; Matter of Boden v. Boden, 42 N.Y.2d 210; Matter of Higbie v. Elder, 207 A.D.2d 487; May May Cheng v. McManus, 178 A.D.2d 906; cf., Matter of Dinkins v. Mabry, 194 A.D.2d 787). Balletta, J.P., Sullivan, Copertino and Krausman, JJ., concur.