Appeal from a judgment of the Supreme Court (Dier, J.), ordering, inter alla, equitable distribution of the parties’ marital property, entered November 30, 1988 in Warren County, upon a decision of the court.
Defendant contends that Supreme Court erred in finding certain assets to be separate property of plaintiff and not marital property. As to the asset described by the parties as the "Pilot Knob” property, we agree with defendant that their interest in this asset was marital property since it was acquired during the marriage and before the commencement of
Turning to the marital residence, it was clearly separate property since plaintiff purchased it before the parties were married (Domestic Relations Law § 236 [B] [1] [d] [1]). As to the increase in value of this property during the marriage (see, Domestic Relations Law § 236 [B] [1] [d] [3]), the parties’ conflicting testimony on the issue of defendant’s direct contribution of money, time and labor toward the improvements made to the marital residence presented a question of credibility which Supreme Court resolved in favor of plaintiff. Our review of the record reveals no basis for disturbing the court’s ruling on this issue (see, Lisetza v Lisetza,
Defendant also contends that Supreme Court erred in its valuation of a checking account maintained by defendant. Although it appears that the court’s figure is incorrect, we are of the view that the error does not require any change in the
Next, defendant objects to Supreme Court’s award of child support. The court directed plaintiff to pay $60 per week per child, for a total of $120 per week, and directed that both parties share equally in the children’s future college expenses; the court further directed that plaintiff is entitled to claim both children as exemptions for Federal and State income tax purposes. We find no support in the record for defendant’s claim that the support award is inadequate. In particular, the expenses claimed by defendant for herself and the children are so obviously inflated (they exceed the combined net income of both parties) that they cannot be used as a basis for disturbing the court’s award. Nor is there any support in the record for defendant’s claim that the children will experience a marked decline from their preseparation standard of living. However, since both parents are wage earners contributing to the support of their children, we are of the view that the tax exemptions should be split evenly, with each party entitled to declare one child as an exemption for Federal and State income tax purposes.
Defendant’s final argument is directed at Supreme Court’s award of joint custody of the children, but we find no merit in this argument. Despite the marital discord and potential animosity associated with the divorce, the parties have a history of arriving at mutually acceptable agreements regarding their children. They have demonstrated the type of mature and civilized behavior that makes an award of joint custody appropriate (see, Matter of Braiman v Braiman,
Judgment modified, on the law and the facts, without costs, by reversing so much thereof as declared the Pilot Knob property to be plaintiff’s separate property and granted plaintiff the right to claim both of the parties’ children as exemptions for Federal and State income tax purposes; proceeds
Notes
The parties purchased a one-third interest in the Pilot Knob property shortly before they separated.
