| Calciano v Calciano |
| 2007 NY Slip Op 08398 [45 AD3d 515] |
| November 7, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michelle Calciano, Respondent, v Frank A. Calciano, Appellant. |
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Michelle Calciano, Holbrook, N.Y., respondent pro se.
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 of the satisfied mortgage on the marital residence based upon the wife's contributions as a spouse and homemaker (see Domestic Relations Law § 236 [B] [5] [d] [6]; see also Levine v Levine, 37 AD3d 550, 553 [2007]; Varga v Varga, 288 AD2d 210, 211 [2001]). Furthermore, for purposes of its child support calculation, the court providently exercised its discretion in imputing $90,000 a year in income to the husband based upon his past income and earning potential (see Rand v Rand, 29 AD3d 976 [2006]; French v French, 260 AD2d 428, 429 [1999]). Miller, J.P., Ritter, Covello and McCarthy, JJ., concur.