REGINA SOTNIK, res, v. SERGEY ZAVILYANSKY, ap — (INDEX NO. 23204/07)In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Kings County (Morgenstern, J.), dated April 12, 2010, which, inter alia, upon a decision and order of the same court dated January 6, 2010, made after a nonjury trial, among other things, imputed to him an annual income of $135,000 for the purpose of calculating his child support obligation, awarded the plaintiff an attorney’s fee in the sum of $75,000, awarded the plaintiff exclusive occupancy of the former marital residence until the parties’ child attains the age of 21 years, failed to direct that his child support obligation shall be decreased by the amount of any college room and board expenses he incurs while the parties’ child attends college, credited the plaintiff the sum of $124,876 based on the defendant’s wasteful dissipation of marital property, failed to award him a portion of the plaintiff’s enhanced earning capacity from her medical license, and failed to provide that the life insurance policy which he is required to provide and maintain to secure his obligations to pay the award of child support may be a declining term policy that would permit him to reduce the amount of coverage by the amount of the child support actually paid.
ORDERED that the judgment is modified, on the law and in the exercise of discretion, (1) by deleting the provision thereof awarding the plaintiff exclusive occupancy of the former marital residence until the parties’ child attains the age of 21, and substituting therefor a provision awarding the plaintiff exclusive occupancy of the former marital residence until the parties’ child attains the age of 18, (2) by adding a provision thereto directing that the defendant’s child support obligation shall be decreased by the amount of any college room and board expenses he incurs while the parties’ child attends college, (3) by adding a provision thereto directing that the life insurance policy which the defendant is required to provide and maintain to secure his obligations to pay the award of child support may be a declining term policy that would permit him to reduce the amount of coverage by the amount of child support actually paid, and (4) by deleting the provision thereof crediting the plaintiff the sum of $124,876 based on the defendant’s wasteful dissipation of marital property, and substituting therefor a provision crediting the plaintiff the sum of $93,438 based on the defendant’s wasteful dissipation of marital property; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
