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Phone: (212) 537-5859      Email: juan@divorcelawfirmnyc.com

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Website: divorcelawfirmnyc.com

Address: 347 5th Av #1003, New York, NY 10016

Summary

New York State Maintenance & Child Support Calculator

Enter names (optional):

	Date of marriage:
	Date divorce action commenced:

Income

Gross Income
Gross (total) income as should have been or should be reported in the most recent federal income tax return.
(1) Employee income from salaries or wages 2
(2) Net profit from business, self-employment
(3) All other income
(4) GROSS INCOME
To the extent not included in gross income above:
(5) Investment income, less related expenses
(6) Workers' Compensation
(7) Disability benefits
(8) Unemployment Insurance
(9) Social Security benefits
(10) Veterans benefits
(11) Pensions & retirement benefits
(12) Fellowships & stipends
(13) Annuity payments
(14) Self-employment depreciation deduction
(15) Self-employment entertainment & travel allowances
The court may attribute or impute income from:
Non-income producing assets; perquisites of employment; fringe benefits of employment; money/goods/services provided by relatives/friends; and/or higher level of compensation from former employment.
(16) TOTAL INCOME

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Deductions

Deductions Federal Insurance Contributions Act (FICA) taxes
The CSSA provides for the deduction of Social Security and Medicare taxes withheld from employee earnings or actually paid on net income from self-employment.
Choose to either enter amounts or have the calculator estimate amounts:	Enter FICA Tax Estimate FICA Tax	Enter FICA Tax Estimate FICA Tax
(17) FICA: Social Security tax paid
(18) FICA: Medicare tax paid
New York City & Yonkers income taxes
The CSSA provides for the deduction of New York City or Yonkers income taxes actually paid.
Choose to either enter amounts or have the calculator estimate amounts:	Enter Tax Estimate NYC Tax Estimate Yonkers Tax	Enter Tax Estimate NYC Tax Estimate Yonkers Tax

(a) Gross Income
(b) Alimony Paid
(c) SE Tax Deduction(c)
(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 Credit

(19) NYC or Yonker's Income Tax paid
Support actually paid to a spouse not a party to or on behalf of a child not subject to the present divorce
(20) Alimony & maintenance paid
(21) Child support paid
Other deductions
(22) Unreimbursed employee business expenses
(23) Public assistance
(24) Supplemental Security Income
(25) TOTAL DEDUCTIONS

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Adjusted CSSA Income

(26) Total Income
(27) Total Deductions
(28) ADJUSTED CSSA INCOME

Are there children of the marriage under 21 years of age?

NO YES

Who is the custodial parent? 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.	Spouse A	Spouse B

Temporary Maintenance & Post-Divorce Maintenance

(29) Adjusted CSSA income
Income addition, for post-divorce maintenance only
(30) Income from income-producing property distributed or to be distributed pursuant to equitable distribution
(31) Income adjusted for equitable distribution
Temporary Maintenance & Post-Divorce Maintenance on payor's income up to and including the income cap:

1st Calculation:

30% of Payor's Income up to and including the cap 20% of Payor's Income up to and including the cap
Minus 20% of payee's income Minus 25% of payee's income

Equals : RESULT 1

2nd Calculation: 2nd Calculation:
Payor's Income up to and including the cap
Plus Payee's Income

Equals Combined Income.
40% of Combined Income

Minus payee's income

Equals: RESULT 2

LOWER OF THE TWO RESULTS (if negative, then zero) LOWER OF THE TWO RESULTS (if negative, then zero)

Is payor's income below the self-support reserve? If so, the guideline amount is $0.00. Is payor's income below the self-support reserve? If so, the guideline amount is $0.00.
Will guideline amount of maintenance reduce payor's income below the self-support reserve? If so, the guideline amount is the difference between the payor's income and the self-support reserve. Will guideline amount of maintenance reduce payor's income below the self-support reserve? If so, the guideline amount is the difference between the payor's income and the self-support reserve.

GUIDELINE AMOUNT of temporary or post-divorce maintenance: GUIDELINE AMOUNT of temporary or post-divorce maintenance:

Annual
Monthly
Semi-monthly
Bi-Weekly
Weekly

Income After Payment
Adjusted CSSA income
After Guideline Maintenance

Maintenance on payor's income above the income cap:
The amount of additional temporary or post-divorce maintenance awarded, if any, shall be within the discretion of the court, which shall take into consideration any one or more of the factors set forth in DRL § 236(B)(5-a)(h)(1) or DRL § 236(B)(6)(e)(1), respectively.
Apply the maintenance formula to the payor's income above the cap?	No	Yes

Remove the cap Adjust the cap:

Adusted CSSA Income
Statutory Income Cap
Adjusted income cap

1st calculation:
30% of payor's income up to and including the cap 20% of payor's income up to and including the cap
minus 20% of payee's income minus 25% of payee's income

equals: RESULT 1

2nd calculation:
Payor's income up to and including the cap
plus payee's income

Equals Combined Income.
40% of combined income

minus payee's income

Equals: RESULT 2

LOWER OF THE TWO RESULTS (if negative, then zero)
Guideline Maintenance (on payor's income up to & including the statutory cap)
Above-cap Maintenance (on payor's income above the statutory cap)
Total Adjusted-Cap Maintenance (on payor's income up to & including the adjusted cap)

Income After Payment
Adjusted CSSA income
After Adjusted-Cap Maintenance

Deviation from the Guideline Amount:
In a mediated or negotiated settlement, divorcing parties may agree to "opt-out" of the statutory formula, and settle on an amount that seems fair.
Deviate from the Guideline Amount?	No	Yes

Use adjusted-cap result from above Specify another amount

Payment Amount:

Payment Frequency:	— Per Year Per Month Twice Per Month Every Two Weeks Per Week

GUIDELINE AMOUNT of temporary or post-divorce maintenance:

Annual
Monthly
Semi-Monthly
Bi-Weekly
Weekly

Income After Payment
Adjusted CSSA Income
After Maintenance Deviation

Duration of Post-Divorce Maintenance:
The maintenance law (effective January 23, 2016) sets forth an "Advisory Schedule" which the court may use to help determine the duration of post-divorce maintenance.
Apply the Advisory Schedule?	No	Yes

Date of marriage:
Date divorce action commenced:

Length of marriage:

Years, Months

Advisory Schedule
Length of Marriage	Duration of Maintenance
Up to and including 15 years	15% to 30% of length of marriage
More than 15, Up to and including 20 years	30% to 40% of length of marriage
More than 20 years	35% to 50% of length of marriage

Guideline Duration of Post-Divorce Maintenance
Years , Months	-To-	Years , Months

Child Support

Number of Children

0 1 2 3 4 5+

(32) Adjusted CSSA income
Maintenance adjustment:
(33) 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.
Use Guideline Amount from above
Use deviation amount from above
No maintenance
(34) Income adjusted for maintenance

(35) Combined parental income

Child Support on combined parental income,up to and including the statutory cap:

Combined parental income

Statutory combined parental income cap

Applicable child-support percentage

Parental child support obligation
Annual
Monthly

Each parent's share of combined parental Income

PRO RATA SHARES of child support up to the cap

Annual
Monthly
Semi-Monthly
Bi-Weekly
Weekly

Does pro rata share reduce noncustodial parent's income below the poverty line? If so, the child-support obligation is $25 per month, provided that the court may reduce this amount if the court finds it to be unjust or inappropriate.
Does pro rata share reduce noncustodial parent's income below the self-support reserve? 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.

Noncustodial parent's BASIC CHILD SUPPORT OBLIGATION

Annual
Monthly

Income After Payment
Adjusted CSSA income
Adjusted for maintenance
After Basic Child Support

Child Support on combined parental income above the statutory cap:
The court shall determine the amount of child support on combined parental income above $163,000 through consideration of the factors set forth in DRL § 240(1-b)(f) and/or the child support percentage.
Apply the child support percentage to combined parental income above the cap?	No	Yes

Remove the cap
Adjust the cap:

Income adjusted for maintenance

Combined parental income
Statutory income cap
Adjusted income cap

Combined parental income above the statutory cap (up to and including the adjusted cap)

Applicable child-support percentage

Parental child support obligation
Annual
Monthly

Each parent's share of combined parental income

PRO RATA SHARES of child support above the cap

Annual
Monthly

Total combined parental income (up to and including the adjusted cap)

Applicable child-support percentage

Parental child support obligation
Annual
Monthly

Each parent's share of combined parental income

PRO RATA SHARES of child support on total income

Annual
Monthly

Does pro rata share reduce noncustodial parent's income below the poverty line? If so, the child-support obligation is $25 per month, provided that the court may reduce this amount if the court finds it to be unjust or inappropriate.
Does pro rata share reduce noncustodial parent's income below the self-support reserve? 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.

Noncustodial parent's Adjusted-Cap Child Support Payment

Annual
Monthly

Income After Payment
Adjusted CSSA income
Adjusted for maintenance
After adjusted-cap child support

Deviation from the Basic Child Support Obligation:
In a mediated or negotiated settlement, divorcing parties may agree to "opt-out" of the statutory formula, and settle on an amount that seems fair.
Deviate from the Basic Child Support Obligation?	No	Yes

Use adjusted-cap result from above
Specify another amount

Payment Amount:

Payment Frequency:

— per year per month twice per month every two weeks per week

Deviation from noncustodial parent's Basic Child Support Obligation:

Annual
Monthly
Semi-Monthly
Bi-Weekly
Weekly

Income After Payment
Adjusted CSSA income
adjusted for maintenance
after child support deviation

Summary & Comparison
Application of the Statutory Formulas
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.
Maintenance & Child Support - paid concurrently

Guideline Duration

Maintenance Payment

Annual
Monthly

Child Support Payment Pro rata share

Annual
Monthly

TOTAL (OR NET) PAYMENT

Annual
Monthly

Income After Payment
Adjusted CSSA income
after maintenance & child support

Child Support - upon termination of Maintenance

Child Support Payment Pro rata share

Annual
Monthly

After Child Support
Maintenance - upon termination of Child Support

Maintenance Payment

Annual
Monthly

After Maintenance

Deviation from the Statutory Formulas
This section displays whatever deviations are specified in the Maintenance and Child Support Sections above.

Maintenance Payment (no deviation)

Annual
Monthly

Child Support Payment

Child Support Payment  (no deviation) Pro rata share

Annual
Monthly

TOTAL (OR NET) PAYMENT

Annual
Monthly

Income After Payment
Adjusted CSSA income
After maintenance & 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. Juan Luciano 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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