Rosenthal Law & Mediation | 212.532.4704 | joy@joyrosenthal.com
225 Broadway - Suite 2605 - New York, New York - 10007

Printed from www.joyrosenthal.com :

Office Location

Joy S. Rosenthal, Esq.
225 Broadway, Suite 2605
New York, New York 10007
arrow iconDirections
212.532.4704
fax : 646.607.2277
joy@joyrosenthal.com
Home arrow icon Resources arrow icon NYS Temporary Maintenance & Child Support Calculator

New York State Temporary Maintenance & Child Support Calculator

About the calculator: This page will help you calculate the figures a judge would consider in determining how much should be paid in spousal support (maintenance/alimony) and child support. Note that the formulas only take salary 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, you and your spouse may decide on a different amount that seems fair.

Also note that the maintenance formula only pertains to temporary maintenance – that which the higher-earning spouse would pay to the lower-earning spouse while the divorce is pending.

INSTRUCTIONS:

• You must press the TAB key or click one of the "Calculate" buttons for an amount entered to be registered by the calculator.

• All amounts entered should be annual.

• Clicking the § (section) icon before an item description will take you to the applicable statute in a popup window, unless popups are disabled in your browser.

• Complete the Income and Deductions sections. If only calculating child support, skip the temporary maintenance section; if only calculating temporary maintenance, stop after that section.

The calculator creates cookies so that your browser will remember your entries if you refresh or revisit the page. Clicking the RESET button clears the calculator and deletes the cookies. Rosenthal Law & Mediation does not collect, retain, or share any information entered here. The calculator will still function with cookies disabled; however, you may have to re-enter values if you refresh or revisit the page.

• See the disclaimer for important information.

« Please feel free to link to the calculator from your Web site. »

Javascript is disabled in your browser.
You must enable it for the calculator to function.
Cookies are disabled in your browser.

The calculator will still function; however, some browsers will erase the values entered if you refresh or revisit the page. See above.

New York State
Temporary Maintenance & Child Support Calculator

updated march 2, 2014
Enter names (optional):
 
Notes:

1 The Child Support Standards Act (CSSA) - codified in the Domestic Relations Law (DRL) - defines "income" for the purpose of determining child support payments.

The new maintenance law, effective for divorces filed on or after October 12, 2010, uses the CSSA definition of income for the purpose of determining temporary maintenance payments.

§ Income 1

1 § gross income from most recent federal tax return

To the extent not included in gross income:

2 § investment income, less related expenses
3 § workers' compensation
4 § disability benefits
5 § unemployment insurance
6 § social security benefits
7 § veterans benefits
8 § pensions and retirement benefits
9 § fellowships and stipends
10 § annuity payments
11 § self-employment depreciation deduction
12 § self-employment entertainment and travel allowances

Court may attribute or impute income from:

13 § non-income producing assets
14 § perquisites of employment
15 § fringe benefits of employment
16 § money/goods/services provided by relatives/friends
17 § higher level of compensation from former employment
TOTAL

§ Deductions

18 § unreimbursed employee business expenses
19 § alimony/maintenance actually paid to spouse, non-party
20 § child support paid to children not subject to instant action
21 § public assistance
22 § supplemental security income
Tax Deductions

To estimate NYC or Yonkers
resident income tax:

Instructions & DISCLAIMER
updated january 4, 2014
(a) gross income
(b) alimony paid
(c) SE tax deduction
(d) other subtractions
(e) additions
(f) NYS AGI
(g) standard deduction
(h) itemized deductions
(i) dependents claimed
(j) taxable income
(k) NYC school tax credit
(l) other tax credits
Specify


Specify


 
23 § NYC or Yonker's income tax paid
 
To estimate FICA taxes:
(m) FICA wages
(n) business net income
Enter amounts
Enter amounts
 
24 § FICA: social security tax paid
25 § FICA: medicare tax paid
 
TOTAL

§ Adjusted CSSA Income

income
deductions
adjusted income as defined by the CSSA
Applicable statutory values:

§ Self-support reserve: $

§ Income cap: $

Notes:

1 Effective for divorces filed on or after October 12, 2010.

2 § The "payor" is the spouse with the higher income. The "payee" is the spouse with the lower income.

Temporary Maintenance 1

§ adjusted income as defined by the CSSA

§ 1st calculation:

30% of payor's income up to and including income cap 2
20% of payee's income
difference (result 1)

§ 2nd calculation:

payor's income up to and including income cap
payee's income
sum
40% of sum
minus payee's income (result 2)

§ Lower of the two results; if negative, then zero:

guideline amount of annual temporary maintenance,
low-income factors notwithstanding

§ Low-income factors:

Is payor's income below the self-support reserve?
If YES, temporary maintenance amount is $0.00
blank spacer image
Will guideline amount of temporary maintenance reduce payor's income below self-support reserve?
IF YES, temporary maintenance amount is the difference between the payor's income and the self-support reserve.
blank spacer image

Guideline amount of temporary maintenance:

annually
monthly
blank spacer image
§ Does the income of the payor exceed the income cap?
If YES, the court will consider the factors set forth in
DRL § 236(B)(5-a)(c)(2)(a) in determining the guideline amount of temporary maintenance on income in excess of the income cap.
Applicable statutory values:

§ Poverty Income Guideline Amount: $
US Dept. of HHS

§ Self-support reserve: $
Child Support Standards Chart

§ Combined Parental Income Amount: $

§ Child Support Percentages:
1 child - 17%
2 children - 25%
3 children - 29%
4 children - 31%
5+ children - 35%

Notes:

* Number rounded for display; not rounded when calculating child support.

§ If so, the child-support obligation is $25/month, provided that the court may reduce this amount if the court finds it to be unjust or inappropriate.

§ If so, the child-support obligation is the greater of $50/month or the difference between the parent's income and the self-support reserve.

1 Generally, the parent who does not have physical custody pays child support to the parent who does. The "basic child support obligation" is an amount determined by applying statutory formulas; in determining actual child support payments, a judge - or spouses mediating an agreement - may consider other factors as well.

Add-ons The basic child support obligation calculated here does not include "add-ons", such as expenses related to child-care services, medical care, and education. When the costs of add-ons are attributed to the parental child support obligation, the law provides that they be prorated "in the same proportion as each parent's income is to the combined parental income." § The non-custodial parent's pro rata share of add-ons is then added to his or her child support obligation calculated to the right.

For more information:
Articles > Child Support

2 The amount of child support calculated on income above $ is at the discretion of the court.

Child Support

Number of children - - - - - - - - - - - - - - - - - - - - - - - »
 
§ adjusted income as defined by the CSSA
 
§ Maintenance adjustment:
(for maintenance paid or to be paid, concurrent with child support, to a spouse of the present divorce action - a deduction for payor, added income for payee)
 
income adjusted for maintenance
§ combined parental income

Child Support calculation -
on combined parental income up to $:

§ combined parental income
§ statutory combined parental income amount
§ applicable child-support percentage
§ parental child support obligation *
annually
monthly
 
parent's share of combined parental income *
§ annual pro rata share of child support obligation
 
§ Does pro rata share reduce parent's income
below the poverty line?
blank spacer image
§ Does pro rata share reduce parent's income
below the self-support reserve?
blank spacer image
non-custodial parent's basic child-support obligation 1
annually
monthly

Child Support calculation -
on total combined parental income:

§ combined parental income
§ applicable child-support percentage
§  § parental child support obligation *
annually
monthly
 
parent's share of combined parental income *
annual pro rata share of child support obligation
 
§ Does pro rata share reduce parent's income
below the poverty line?
blank spacer image
§ Does pro rata share reduce parent's income
below the self-support reserve?
blank spacer image
non-custodial parent's basic child-support obligation 2
annually
monthly

Disclaimer: This calculator is for informational purposes only, and does not constitute legal advice of any kind. The results obtained are only a guide, and represent no guarantee of what a judge might order. Rosenthal Law & Mediation does not guarantee that the calculator is accurate or up-to-date. All results should be confirmed. To get advice about your specific situation, and before signing any documents pertaining to divorce, separation or custody, we strongly recommend that you consult with a matrimonial attorney.

© 2010 Rosenthal Law & Mediation
contact   |   home   |   site map   |   webmaster   |   disclaimer
barons 13s jordan 13 barons jordan 13 barons jordan 13 barons barons 13s jordan 13 barons jordan 13 barons jordan 13 barons jordan 13 barons hologram 13s hologram 13s jordan 13 hologram hologram 13s jordan 13 hologram jordan 13 hologram hologram 13s hologram 13s hologram 13s jordan 11 legend blue jordan 11 legend blue jordan 11 legend blue legend blue 11s legend blue 11s jordan 11 legend blue jordan 11 legend blue legend blue 11s legend blue 11s jordan 11 legend blue jordan 6 black infrared black infrared 6s jordan 6 black infrared jordan 6 black infrared jordan 11 legend blue jordan 6 black infrared black infrared 6s jordan 6 black infrared jordan 6 black infrared black infrared 6s