Note that the statutory formulas only take income into consideration, not the specifics of any situation — for example, a child's special needs, or parents who share parenting time equally. In court, a judge would consider many more factors in making an actual determination.
Or, through mediation or negotiation, you and your spouse may decide on different amounts that seem fair. About the new maintenance law. In , the New York state legislature enacted a major revision to the maintenance law.
More details, as well as links to the applicable statutes, can be found below. Calculator 2. A bare-bones guide, displayed in a pop-up window for quick reference. A more detailed article for the general public and legal professionals, with helpful hints and examples.
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Choose to either enter amounts or have the calculator estimate amounts: 1. Choose to either enter amounts or have the calculator estimate amounts:. Are there children of the marriage under 21 years of age? Notes: 1 The statutory maintenance formula, as amended in , is used to determine the guideline amounts of both: » temporary maintenance — effective for divorces commenced on or after October 25, , and » post-divorce maintenance — effective for divorces commenced on or after January 23, Remove the cap Adjust the cap:.
Adusted CSSA income 8. Above-cap Maintenance 9 on payor's income above the statutory cap. Use adjusted-cap result from above Specify another amount.
Deviation from Guideline Amount of temporary or post-divorce maintenance:. Date of marriage:. Use Guideline Amount from above. Use deviation amount from above. No maintenance. Combined parental income above the statutory cap up to and including the adjusted cap. Total combined parental income up to and including the adjusted cap. Deviation from noncustodial parent's Basic Child Support Obligation:. This section displays the results obtained from a strict application of the statutory formulas for maintenance and child support, notwithstanding any adjusted-cap calculations or deviations specified above.
Child Support Payment Pro rata share:. Child Support - upon termination of Maintenance. Child Support Payment 1 Pro rata share:. Maintenance - upon termination of Child Support.
This section displays whatever deviations are specified in the Maintenance and Child Support Sections above. Child Support Payment no deviation 4 Pro rata share:. Generally, the court calculates the amount of child support based on both parents' income per year and the number of children for whom the parents are responsible. There's more about that below, too. In applying the formula to come up with a basic child support obligation, the court adds the income of both parents and multiplies it by the appropriate child support percentage based on the number of children.
Your income for purposes of this calculation is your "gross income as was or should have been reported on the most recent federal income tax return. Because you have physical custody most of the time, the court will presume that you are spending your share directly on your child's expenses. In addition to the basic child support obligation, the court may tack on additional payments to cover childcare costs if the custodial parent is working or going to school and for the child's reasonable health care expenses.
The court may also order payment for the child's education. It could use the same formula as above for all of the combined income. Even if you aren't working, you may still have income. The state of New York includes workers' compensation awards, pensions, fellowships, stipends, and annuity payments as income for child support purposes. If you receive disability, unemployment, social security, veterans, or retirement benefits, then a court will use those benefit amounts to calculate your payments.
Public assistance, on the other hand, is not income. Any amount of public assistance you receive from the state is deducted from the combined parental income. If you're voluntarily unemployed or underemployed, the court will likely impute your income. Imputed income means the court will generally look to your past employment and wage history to determine what you could or should be earning. If you don't have an income history, the court will most likely impute your income at minimum wage.
When the court calculates your basic child support obligation, it can also consider whether your share is unjust or inappropriate. You will need to explain why the amount is too much for you. Perhaps your income has significantly decreased from past years because of illness or market changes.
It is possible, although not guaranteed, that the court will reduce your payments based on your particular hardship. You can ask the court to reduce your child support payments by filing a petition application for modification. However, there must be a material change in your ability to pay because you lost your job, for example. Oftentimes a spouse makes much more money than is revealed on a tax return. As a result, obtaining experienced legal counsel is essential for you to advocate for the proper amount of child support to be paid by your spouse, if you are the residential custodial parent.
They will walk you through the entire process, including filing a statement of net worth, as well as negotiate on your behalf. Resources are available to help New Yorkers understand the basic annual child support obligation. Still, parents should remember that the judge may adjust this standard amount based on other factors. Also, the court sometimes deviates from this formula for a variety of reasons.
This is why it's important to contact a legal representative who specializes in divorce and child support. As previously discussed, a reputable lawyer will take the time to carefully evaluate your finances, as well as explain exactly what the court will focus on when determining how much child support will be awarded to the appropriate party. The non-custodial parent may also be ordered to pay for his or her proportionate share of each of the following:.
Though the aforementioned factors are considered for most non-custodial parents, there are laws in place to protect those with a low income. In these situations, the payments are generally deducted weekly, bi-weekly, monthly, or bi-monthly, depending on the payroll schedule of the non-custodial parent's employer or other source of income. If the parent is self-employed or receives income in cash, he or she will be required to make regular payments to the New York State Child Support Processing Unit.
These payments may be mailed, paid electronically or paid in-person via certified check, money order or credit card. Walk-in payments may only be paid via credit card. To find out more about child support laws, it's best to consult with a trusted New York child support attorney. This is Attorney Advertising. If you are facing a divorce or other legal issues affecting you and your family, ensure your best interests are looked after.
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