Schager v. Schager
A party may be entitled to a credit, because he contributed the proceeds from another property toward the acquisition of the marital residence. Prior to their marriage in 2001, the parties signed a prenuptial agreement. The wife testified that the husband gradually shifted his affections from her to his mother, after his father died, and that she engaged in an extramarital affair. The husband, 36, earned $60,000 gross per year, as a financial journalist, until he decided to freelance and to write movie reviews. Currently, he earns $13,000 gross per year from writing and also receives $67,000 per year from investments. The husband's net income is $1,299 per week. The wife, 37, earns $75,600 per year as a teacher. The wife's net income is $1,017 per week. The parties stipulated that the prenuptial agreement was valid and should be construed pursuant to New York law. Each party waived any claim to alimony. The court awarded joint custody of the minor children. The court ordered the husband to pay $500 per month as child support, pursuant to a contingent wage withholding order, and the first $750 per year toward extracurricular activities, after which each party shall pay 50 percent. The court also ordered the husband to pay 50 percent of reasonable child care expenses. The court ordered each party to maintain $150,000 in life insurance, and to name the minor children as beneficiaries, as long as the husband is required to pay child support. The court found the husband was entitled to a credit, because he contributed $488,601 from his separate property toward the acquisition of the marital residence. The husband was not entitled to credits for contributions toward the mortgage, absent evidence that mortgage contributions enhanced the value of the property. The court awarded the husband the marital residence and ordered the husband to pay the wife $41,199 and to remove the wife's name from the mortgage. The court awarded each party accounts and investments. The court awarded the husband the Honda and the wife the Subaru. The court ordered the husband to pay $50,000 toward the wife's attorneys' fees.