Calciano v Calciano

2007 NY Slip Op 08398 [45 AD3d 515]

November 7, 2007

Appellate Division, Second Department

As corrected through Wednesday, January 16, 2008

Michelle Calciano, Respondent, v Frank A. Calciano,Appellant.

—[*1]Behrins & Behrins, P.C., Staten Island, N.Y. (Jonathan Behrins of counsel), forappellant.

Michelle Calciano, Holbrook, N.Y., respondent pro se.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, fromso much of a judgment of the Supreme Court, Suffolk County (Kent, J.), entered May 3, 2006,as, upon a decision of the same court dated February 28, 2006, following a nonjury trial, awardedthe plaintiff $175,000, representing one half of the previously-satisfied mortgage on the maritalresidence, and imputed an annual income to him of $90,000 for the purpose of its child supportcalculation.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The court providently exercised its discretion in awarding the wife one half of the value ofthe satisfied mortgage on the marital residence based upon the wife's contributions as a spouseand homemaker (see Domestic Relations Law § 236 [B] [5] [d] [6]; see also Levine v Levine, 37 AD3d550, 553 [2007]; Varga v Varga, 288 AD2d 210, 211 [2001]). Furthermore, forpurposes of its child support calculation, the court providently exercised its discretion inimputing $90,000 a year in income to the husband based upon his past income and earningpotential (see Rand v Rand, 29AD3d 976 [2006]; French v French, 260 AD2d 428, 429 [1999]). Miller, J.P., Ritter,Covello and McCarthy, JJ., concur.