Appeal from an order of the Family Court of Schenectady County (Griset, J.), entered April 18, 1985, which, inter alia, partially granted petitioner’s application in a proceeding pursuant to Family Court Act article 4, and modified a portion of petitioner’s support obligation.
In August 1971, petitioner and respondent entered into a separation agreement which was later incorporated into a judgment of divorce granted against petitioner. The separation agreement required petitioner to pay $100 per month for the support of each of the parties’ three children, for a total child support payment of $300 per month. The agreement further provided that "[i]t is the desire of the husband to provide for the higher education of his children of this marriage and so acknowledges his responsibility in this agreement”. The divorce decree provided that all future matters concerning support, maintenance and custody would be referred to Family Court. After the emancipation of the parties’ oldest child, Family Court ordered petitioner to continue paying $300 per month in child support.
In September 1984, the parties’ second child, Lisa, enrolled at the State University of New York at Brockport. In October 1984, petitioner applied for a downward modification of the child support obligation he was paying respondent, alleging a change of circumstances in that he was now paying approximately $4,000 to cover the cost of Lisa’s tuition, room and board. After conducting a hearing, Family Court modified the portion of petitioner’s child support payment which was payable directly to respondent to $200, provided that he continue to pay for Lisa’s college expenses. Respondent has appealed.
Respondent contends that it was error for Family Court to reduce the support provisions of the separation agreement
Order affirmed, with costs. Kane, J. P., Main, Yesawich, Jr., Levine and Harvey, JJ., concur.