MATTER OF TIBALDI v. OTTEN

Order affirmed, without costs or disbursements.

Petitioner's request in this proceeding was predicated on the children's right to receive adequate support, and thus "it was not necessary to demonstrate an unanticipated and unreasonable change in circumstances to justify an increase" ( Matter of Michaels v. Michaels, 56 N.Y.2d 924, 926). A sufficient factual basis for the upward modification in the best interests of the children has been established ( Stevenson v. Stevenson, 98 A.D.2d 718, 719).

Furthermore, upon review of the record, we find that petitioner has established "special circumstances" warranting the Family Court's direction to the father to pay for one half of Denise's college education ( Kaplan v. Wallshein, 57 A.D.2d 828, 829; Shapiro v. Shapiro, 116 Misc.2d 40, 45). By complying with the order, the father will be paying his fair share of this mutual obligation ( Giuffrida v. Giuffrida, 81 A.D.2d 905, 906). Thompson, J.P., Bracken, Weinstein and Niehoff, JJ., concur.