Spousal Maintenance & Child Support: It’s Complicated

With child support where the maintenance payor is also the non‐custodial parentfor child support purposes: (i) subtract 25% of the maintenance payee’s income from 20% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.

Without child support, or with child support but where the maintenance payor is the custodial parent for child support purposes: (i) subtract 20% of the maintenance payee’s income from 30% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.

Do you understand this? We do. 

And we’ll make sure that you understand what these provisions on child support really mean in terms of compliance with the new spousal maintenance law recently passed in New York State. 

The Temporary Maintenance provisions of the new law became effective October 

25, 2015, and the rest of the statute becomes effective January 23, 2016. 

The new provisions represent a major change from the prior legal clauses that have been in effect since 2010. The most significant of these changes: the formulas will now be used to determine both temporary and post-divorce maintenance. In the past, post-divorce maintenance determinations were largely up to the court’s discretion and were usually based upon applicable prior decisions.

When it comes to family law, we make the complicated, well, simpler. It’s why you want to contact us on ALL family law matters.

Finally, I hope you enjoyed this second posting of News and Views. If you have any questions you’d like my thoughts on, just send me an e-mail at sharova@sharovalaw.com. And, of course, we’re here by e-mail, phone, or text 24×7 for any family law concerns you might have.

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