New Temporary Maintenance (Spousal Support) Law
Starting for all divorces filed on or after October 26, 2015, there is a new law for temporary maintenance (spousal support) in New York. Please note we DO NOT use the term “Alimony” in New York.
For all divorces filed before October 26, 2015, the old temporary maintenance law will still apply.
Here’s the features of the new law:
1. There are two calculations, one for where child support is being paid, and one for where it is not.
2. Who pays and who receives support is NOT determined by sex, but by who makes more money. So, a wife who makes more money will pay support to a husband who does not.
3. The law uses the terms “payee” to describe the person making less money and “payor” to describe the person making more.
4. Income is all money earned. There is an income cap of $175,000. That number will go up every two years beginning in 2016.
5. When the payor spouse DOES NOT have custody and will pay child support we use the following calculation:
(a) the court shall subtract twenty-five percent of the payee’s income from twenty percent of the payor’s income.
(b) the court shall then multiply the sum of the payor’s income and (Including the income cap) and the payee’s income by forty percent.
(c) the court shall subtract the payee’s income from the amount derived from clause (b) of this subparagraph.
(d) the court shall determine the lower of the two amounts derived by clauses (a) and (c) of this subparagraph.
6. Example: Payor spouse earns $100,000. Payee spouse earns $50,000. Twenty-five percent (25%) of the payee’s income is $12,500. Twenty percent (20%) of $100,000 is $20,000. When we subtract $12,500 from $20,000 we get $7,500 per year or $625 a month. Then we add the two incomes, giving us $150,000. We multiply that by forty percent (40%) and that number is $60,000. The court then subtracts the payee’s income, in this case $50,000 from the $60,000. This gives us $10,000. The temporary maintenance award is the LOWER of the two numbers. In this example, the temporary spousal support is $7,500 per year or $625 per month.
7. If the payor party is not paying child support, then the calculation is different.
(a) the court shall subtract twenty percent of the payee’s income from thirty percent of the payor’s income.
(b) the court shall then multiply the sum of the payor’s income and the payee’s income by forty percent.
(c) the court shall subtract the payee’s income from the amount derived from clause (b) of this subparagraph.
(d) the court shall determine the lower of the two amounts derived by
Clauses (a) and (c) of this subparagraph.
8. Example: Payor spouse earns $100,000. Payee spouse earns $50,000. Twenty percent (20%) of the payee’s income is $10,000. Thirty percent of $100,000 is $30,000. This gives us $20,00 per year or $1,666.67 a month. Then we add the two incomes, giving us $150,000. We multiply that by forty percent (40%) and that number is $60,000. The court then subtracts the payee’s income, in this case $50,000 from the $60,000. This gives us $10,000. The temporary maintenance award is the LOWER of the two numbers. In this example, the numbers are the same, so the temporary maintenance is $20,000 per year.
9. The maintenance calculation is done first. If the payee spouse has the children, then the maintenance is deducted from the payor’s income and added to the payee’s income before the child support calculation is performed.
10. If the payor’s income exceeds the income cap, the court has discretion to consider any income above the cap.
11. Temporary maintenance ends on death of the one of parties or upon divorce.
This is a brand new law and there are bound to be tweaks and changes by judges as new divorces are filed. If you have questions, please email or call us.
