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JUDITH A. LANG, Formerly Known as JUDITH A. DOWNEY, Appellant, v. RICHARD A. DOWNEY, JR., Respondent.

Order unanimously modified, on the law and in the exercise of discretion, and, as modified, affirmed, without costs, in accordance with the following memorandum: The child support provisions of the parties' separation agreement were inadequate and an upward modification warranted (see, Matter of Brescia v Fitts, 56 N.Y.2d 132). We find, however, that a further increase should be made. The standard of living enjoyed by the children prior to dissolution of the marriage would be markedly diminished by respondent's contribution of only $75 monthly per child (see, Domestic Relations Law § 236 [B] [7] [a] [3]). The gross disparity in the parties' incomes (see, Matter of Sacco v Sacco, 69 A.D.2d 1004) and the changing needs of the children as they approach their teen-age years (see, Moran v Moran, 81 A.D.2d 740) are sufficient to establish a change of circumstances. We therefore increase the child support award to $50 per week per child (see, Durso v Durso, 106 A.D.2d 608).

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LANG v. DOWNEY
(Sep 27, 1985)