The calculator will still function; however, some browsers will erase the values entered if you refresh or revisit the page. See above.
About the Calculator 4.0 update. In February 2018, we introduced several enhancements: the option to remove or adjust the caps on maintenance payor's income and combined parental income (see warnings in the sidenotes); the addition of weekly, biweekly, and semimonthly maintenance and child support results; and the addition of comparisons showing the spouses' incomes before and after payments. Also included: the FICA Tax Estimator and NYC/Yonkers Income Tax Estimator were updated for tax year 2017; and the statutory maintenance cap was updated to reflect the 2018 biannual increase.
About the advertisements. We have been pleased to provide the Calculator to the public and the legal-services community since 2010. In order to defray the costs of development and maintenance, we have begun partnering with Google to place ads on the Calculator. We are making every effort to ensure that the ads you see are not inappropriate or offensive, and that they do not interfere with the functioning of the Calculator. We ask that you please bear with us as we experiment with ad placement and content, and we encourage you to use the Comments Form at the bottom of this page to let us know how we're doing.
1 The Child Support Standards Act (CSSA) - codified in Section 240 of the Domestic Relations Law (DRL) - defines "income" for the purpose of determining child support payments.
The 2015 amendment to the maintenance law - codified in Section 236 of the DRL - uses the CSSA definition of income for the purpose of determining temporary maintenance and post-divorce maintenance payments (effective for divorces filed on or after October 25, 2015, and January 23, 2016, repsectively).
2 The CSSA does not distinguish between employment income and self-employment income; however, to obtain accurate results from the FICA Tax Estimator in the Deductions Section, income types must be entered separately here, such that:
» Line 1 includes employment income subject to Social Security and Medicare taxes, including any voluntarily deferred compensation, where the tax liability is shared between an employee and an employer (e.g., wages as would be reported on Form(s) W-2 Box 5);
» Line 2 includes business or self-employment income subject to Social Security and Medicare taxes where the tax liability is borne solely by a sole proprietor or self-employed person (e.g., net profit as would be reported on Form 1040 Schedule SE Line 2); and
» Line 3 includes all other income that is not subject to Social Security and Medicare taxes (e.g., income as would be reported on Form 1040 Lines 2b-7 plus Form 1040 Schedule 1 Lines 1-2a and Lines 4-8).
To the extent not included in gross income above:
The court may attribute or impute income from:
1 To correctly estimate FICA taxes, income from employment and/or self-employment must be entered into the calculator as specified in Note 2 of the Income Section above.
Federal Insurance Contributions Act (FICA) taxes
New York City & Yonkers income taxes
enter NYC or
Support actually paid to a spouse not a party to or
on behalf of a child not subject to the present divorce
For the purposes of determining maintenance and child support pursuant to the DRL, the custodial parent is the parent who has physical custody more than 50% of the time, or, when the parents share physical custody exactly 50/50, the parent who has the lower income.
1 The statutory maintenance formula, as amended in 2015, is used to determine the guideline amounts of both:
» temporary maintenance – effective for divorces commenced on or after October 25, 2015, and
» post-divorce maintenance – effective for divorces commenced on or after January 23, 2016.
Temporary maintenance is maintenance paid in the time between the commencement of a divorce action and the issuance of a judgment of divorce.
Post-divorce maintenance is maintenance paid after the parites are divorced and for a duration determined by agreement of the parties or by decision of the court.
2 § § * Income cap: $nycourts.gov)
3 The percentages used in the 1st calculation are determined as follows:
» If child support is to be paid, and the maintenance payor is not the custodial parent (i.e., the maintenance payor is also the child support payor), 25% of payee's income is subtracted from 20% of payor's income.
» If child support is not to be paid, or, if child support is to be paid, but the maintenance payor is the custodial parent (i.e., the maintenance payor is not the child support payor), 20% of payee's income is subtracted from 30% of payor's income.
4 § § The "payor" is the spouse with the higher income.
5 In a litigated divorce, the court may deviate from the guideline amount of temporary or post-divorce maintenance at or below the income cap if it finds that, upon consideration of one or more of the factors set forth in DRL § 236(B)(5-a)(h)(1) or DRL § 236(B)(6)(e)(1), respectively, strict application of the statutory formula would be unjust or inappropriate.
6 § With or without the application of the Advisory Schedule, the court must consider any one or more of the factors set forth in DRL § 236(B)(6)(e)(1) in determining the duration of post-divorce maintenance.
7 WARNING: The maintenance law does not explicitly authorize or suggest using the formula to determine maintenance on the payor's income above the statutory cap; rather, it directs courts to consider a list of factors as a basis for such determination. However, by popular demand, version 4.0 of the Calculator introduces an option to remove or adjust the cap, thereby allowing the formula to be applied to some or all of the payor's above-cap income. This option is provided here for informational purposes only.
8 Plus additional income entered on Line 30, if any.
9 Unlike the guideline child support percentages, the nature of the guideline maintenance formula does not allow it to be applied separately to the portion of the payor's income above the cap; therefore, this result is obtained by subtracting the Guideline Amount from the total maintenance calculated on the payor's income up to and including the adjusted cap.
7 § Self-support reserve: $
(Child Support Standards Chart)
10 If you do not speicfy a deviation amount, the calculator assumes the amount is $0.00.
* Where there are two section icons (§ §), the first icon links to the applicable temporary maintenance statute, and the second icon links to the applicable post-divorce maintenance statute.
† Not including additional income entered on Line 30, if any.
‡ This result is obtained by subtracting the maintenance payment from the payor's CSSA income and adding it to the payee's CSSA income. It does not include child support (if any is to be paid) and does not account for any tax consequences that may result from maintenance payments.
Income addition, for post-divorce maintenance only
§ § Temporary Maintenance & Post-Divorce Maintenance
on payor's income up to and including the income cap: 2
§ § 1st calculation: 3
§ § 2nd calculation:
Maintenance on payor's income above the income cap:
Apply the maintenance formula to the payor's income above the cap? 7 (See warning in sidenote)
Remove the cap
Adjust the cap:
1st calculation: 3
Deviation from the Guideline Amount:
Deviate from the Guideline Amount?
Use adjusted-cap result from above
Specify another amount
Duration of Post-Divorce Maintenance:
Apply the Advisory Schedule?
Length of Marriage
§ Guideline Duration of
1 § § § § The new maintenance law (effective as noted in the above section) provides that maintenance be calculated first, so that the amount of annual maintenance can be deducted from the payor's income and added to the payee's income prior to calculating child support.
The calculator may be configured to calculate child support based on guideline maintenance, a deviation from the guideline, or no maintenance.
2 § Combined Parental Income Cap: $Child Support Standards Chart)
3 § Child Support Percentages:
4 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 a statutory formula; in determining actual child support payments, a judge - or parents 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 the noncustodial parent's share of add-ons be prorated "in the same proportion as each parent's income is to the combined parental income," or "paid in a manner determined by the court." § § § § The noncustodial 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, see Articles > Child Support
5 WARNING: While the child support law does authorize using the child support percentages to determine child support on combined parental income above the cap, it does not explicitly authorize or suggest adjusting the cap as a basis for such determination. This option is provided here for informational purposes only.
6 § § Whether the choice to deviate is made by agreement of the parties or by decision of the court, the parties or the court must specify the factors they considered – as set forth in DRL § 240(1-b)(f) – in determining that application of the basic child support obligation would be unjust or inappropriate.
7 § Poverty Income Guideline Amount: $US Dept. of HHS)
8 § Self-support reserve: $
(Child Support Standards Chart)
9 If you do not speicfy a deviation amount, the calculator assumes the amount is $0.00.
* When displayed, intermediate steps in the child support calculation are rounded to the nearest cent; however, in calculating the final result, the calculator only rounds once, at the end.
† From Line 34, adjusted CSSA income, plus or minus whatever maintenance adjustment is specified on Line 33. Does not account for any tax consequences that may result from maintenance payments.
‡ This result is obtained by subtracting the child support payment from the noncustodial parent's income (adjusted for maintenance) and adding it to the custodial parent's income (adjusted for maintenance), and it is intended to show the after-payment resources available to each spouse for their own support and the support of any children in their custody. NOTE: Neither New York child support law nor federal tax law considers child support payments to be "income" or "taxable income" to the recipient.
§ § 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. 1
Child Support on combined parental income
up to and including the statutory cap: 2
Child Support on combined parental income
above the statutory cap:
Apply the child support percentage to
combined parental income above the cap? 5
(See warning in sidenote)
Deviation from the Basic Child Support Obligation:
Deviate from the Basic Child Support Obligation?
1 § § The result displayed here assumes that, at the time maintenance payments cease, there is no other change of circumstances warranting a modification of the child support amount.
2 Depending on the relative incomes and custody arrangement of the parties, the guideline amount of maintenance may change when the cessation of child support occurs prior to the cessation of maintenance.
The result displayed here assumes that, at the time child support payments cease, there is no other change of circumstances warranting a modification of the maintenance amount.
3 If you click "Yes" to deviate above, but do not specify an amount, the calculator assumes the deviation amount is $0.00.
4 Since no child support deviation is specified above, the amount shown here is calculated according to the statutory forumula, but is based on the maintenance deviation specified above, not the Guideline Amount.
† This result is obtained by subtracting maintenance and/or child support payments from the payor's CSSA income and adding them to the recipient's CSSA income. It does not account for any tax consequences that may result from maintenance payments, and, with respect to child support, it is intended to show the after-payment resources available to each spouse for their own support and the support of any children in their custody. NOTE: Neither New York child support law nor federal tax law considers child support payments to be "income" or "taxable income" to the recipient.
Maintenance & Child Support - paid concurrently
Child Support - upon termination of Maintenance
Maintenance - upon termination of Child Support
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.
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