THOMAS HEYMANN, res, v. GRACIELA HEYMANN, ap

THOMAS HEYMANN, res, v. GRACIELA HEYMANN, ap — (INDEX NO. 21337/09)In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Westchester County (Tolbert, J.), dated May 19, 2011, as, upon a decision of the same court dated February 18, 2011, made after a nonjury trial, failed to direct the plaintiff to pay her an equal share of all monthly distributions from the plaintiff's deferred compensation account retroactive to the date of commencement of the action, failed to equitably distribute certain marital assets which she claimed were wastefully dissipated by the plaintiff, failed to award her maintenance, failed to calculate the plaintiff's child support obligation based upon the combined parental income in excess of $130,000, and failed to award her an attorney's fee.

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THOMAS HEYMANN, res, v. GRACIELA HEYMANN, ap — (INDEX NO. 21337/09)In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Westchester County (Tolbert, J.), dated May 19, 2011, as, upon a decision of the same court dated February 18, 2011, made after a nonjury trial, failed to direct the plaintiff to pay her an equal share of all monthly distributions from the plaintiff’s deferred compensation account retroactive to the date of commencement of the action, failed to equitably distribute certain marital assets which she claimed were wastefully dissipated by the plaintiff, failed to award her maintenance, failed to calculate the plaintiff’s child support obligation based upon the combined parental income in excess of $130,000, and failed to award her an attorney’s fee.

ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by (1) adding a provision thereto directing the plaintiff to pay the defendant an equal share of all monthly distributions from the plaintiff’s deferred compensation account retroactive to the date of the commencement of the action, and (2) deleting the provision thereof awarding child support based only upon the first $130,000 of combined parental income; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a new determination of child support based upon total combined parental income, and a determination of any arrears, and for the entry of an appropriate amended judgment thereafter; and it is further,

THOMAS HEYMANN, res, v. GRACIELA HEYMANN, ap

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