Child Support
Child support in New York is governed by the Child Support Standards Act or CSSA. The Child Support Standards Act provides a formula by which a percentage dependent upon the number of children is applied to the parties’ combined adjusted income (income from all sources less FICA) to come up with a total basic support amount. That amount is then attributed to each party in accordance with that party’s percentage of income or “pro rata share”. Click here to view and download a copy of the Child Support Standards Act chart. Add-ons such as unreimbursed medical expenses, child care, educational and extracurricular activities are also divided up pro rata between the parties.
Spousal Support/Maintenance
The recent change in the law governing spousal support or “maintenance” as it is called in a divorce action, is a hot legal topic. Conflicting decisions in the courts have created an uncertainty in the court system that can frustrate litigants and their attorneys. The legislature enacted a temporary maintenance statute (maintenance paid by one party during the divorce litigation) which is formulaic in nature much like the child support standards act.
Permanent maintenance is governed by the guidelines: Click Here for Calculator
Deviation Factors can be found in the guidelines (Appendix D)
15 Factors for Post- Divorce Maintenance pursuant to DRL§236B(6)(E)(1) for adjustment of award, for duration of award or where payor's income exceeds $228,000:
- the age and health of the parties;
- the present or future earning capacity of the parties, including a history of limited participation in the workforce;
- the need of one party to incur education or training expenses;
- the termination of a child support award before the termination of the maintenance award when thecalculation of maintenance was based upon child support being awarded which resulted in a maintenance award lower than it would have been had child support not been awarded;
- the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration;;
- the existence and duration of a pre-marital joint household or a pre-divorce separate household;
- acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;
- the availability and cost of medical insurance for the parties;
- the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity;
- the tax consequences to each party;
- the standard of living of the parties established during the marriage;
- the reduced or lost earning capacity of the payee as a result of having foregone or delayed education, training, employment or career opportunities during the marriage;
- the equitable distribution of marital property and the income or imputed income on the assets so distributed;
- the contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and any other factor which the court shall expressly find to be just and proper.
Combined Worksheet Rev. 3/1/24 (ch. 269 and ch. 387, L. 2015).
The Guidelines also speak to the duration of Spousal Support under New York Law. (Appendix E)
Advisory Schedule for Duration of Post Judgment Spousal Support/Maintenance:
Length of Marriage . . . . . . . . . . . . . . . . . . Percent of the length of the
marriage for which maintenance will be payable
0 up to and including 15 years . . . . . . . . . . . . . . . . . . .. . . . - 30%
More than 15 up to and including 20 years . . . . . . . . . . . . . 30% - 40%
More than 20 years . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . - 50%