Quarty v. Quarty (Appellate Division, Third Department)

The wife’s enhanced earnings was calculated in error by the Supreme Court. While the Supreme Court was correct in all other matters relating to the calculation, it failed in its judgment by computing the enhanced earnings using a topline income of $92,000 based on anticipated earnings of the wife. However, no expert on either side used that amount and neither one testified to why that amount would even be valid for use in the calculation. Instead, the Appellate Court decided, that the topline to be used should have been based more on the previous earnings capabilities of the wife in 2009 and 2010, which totaled $70,000, the amount also used by both experts. This significantly reduced the value of the enhanced earnings subject to distribution from $376,000 to $108,000.