Order, Family Court, New York County (Jody Adams, J.), entered on or about April 20, 2001, which denied respondent father’s objections to a modified order of support dated January 16, 2001, which, upon remand for recalculation, increased his
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 v Chamberlin, 99 NY2d 328, 337 [2003]). 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 NY2d 132 [1982]).
We have considered respondent’s remaining arguments and find them unavailing. Concur—Buckley, EJ., Rosenberger, Ellerin, Williams and Gonzalez, JJ.