Contrary to respondent's argument, the upward modification of his child support obligation sought by petitioner was not precluded by the parties' several-year-old agreement establishing his child support obligation at a level lower than it would be if set pursuant to the Child Support Standards Act (CSSA) guidelines (see Matter of Tompkins County Support Collection Unit ex rel. Chamberlain v. Chamberlain, 99 N.Y.2d 328, 337). Nor did any failure by petitioner to specify unanticipated circumstances warranting upward modification preclude the relief, given the presumptively deficient prevailing level of child support (see Matter of Brescia v. Fitts, 56 N.Y.2d 132).
We have considered respondent's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.