In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00. Here is how maintenance would be calculated in an example where the incomes are as follows:
Payor spouse’s Income: $200,000.00 per year.
Payee spouse’s Income: $80,000.00 per year.
Based on these figures, the adjusted gross income of the payor spouse would be $189,213.60 (estimating FICA taxes) and the adjusted gross income of the payee spouse would be $73,880.00. Adjusted gross income is always used in calculations of support, including child support). The lower result of these two calculations is the presumed amount of maintenance to be paid:
1) 30% of payor’s income up to and including the cap minus 20% of payee’s income. In this case, it would be $55,200.00 minus $14,776.00, which equals $40,424,00.
2) Combining the two incomes up to and including the cap and then taking 40% of that income minus payee’s income. In this case, it would be 40% of $257,880.00, which is $103,152.00, minus $73,880.00, which equals $29,272.00.
Thus, $29,272.00 would be the lower amount, and the presumptive amount of maintenance to be paid annually. Broken down, this is $2,439.33 monthly or $562,92 weekly.
The amount of additional maintenance awarded, if any, would be based on the factors contained in Domestic Relations Law (“DRL”) 236(B)(5-a)(h)(1) and 236(B)(6)(e)(1) depending on whether it is temporary maintenance or post-divorce maintenance.
"This blog is for informational purposes only and is not intended to create an attorney-client relationship. It is recommended that you speak to an attorney licensed in your jurisdiction before relying on the information in this blog."