Maintenance Formula

If your divorce is new or occurred after January 25, 2016, the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) you fall under the statutory "Maintenance" guidelines. Although your spouse may not necessarily be seeking spousal maintenance or alimony in your divorce action, the notice must be given.


Based upon the statute there is an obligation to award the guideline amount of maintenance on income up to $184,000 as of 2020 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee), according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.

There are two formulas to determine the amount of the obligation.


Lower Formula:

This formula applies if there are children of the marriage, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.


1-Multiply Maintenance Payor's Income by 20%

2- Multiply Maintenance Payee's Income by 25%.

Subtract Line 2 from Line J: = Result 1

Subtract Maintenance Payee's Income from 40% of Combined Income* = Result 2.

Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.


Higher Formula:

​This formula applies if you and your spouse have no children.


1-Multiply Maintenance Payor's Income by 30%

2- Multiply Maintenance Payee's Income by 20%

Subtract Line 2 from Line 1= Result 1

Subtract Maintenance Payee's Income from 40 % of Combined Income*= Result 2

Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero

*Combined Income equals Maintenance Payor's Income up to $184,000.00 plus maintenance Payee's Income. Note: The Court will determine how long maintenance will be paid in accordance with the statute.


Legal Notices/Terms of Use: 

Updated: May 31, 2020

This is Attorney Advertising only. Prior results do not guarantee a similar outcome. 

 

Please carefully review these terms of use before using this site. By accessing or using the Lockhart Law Office, P.C. website, you acknowledge that you have read, understood and accept these terms of use.

 

No legal advice; No attorney-client relationship:  the content in and accessible through this site, including newsletters, articles and other materials requested by you through this site: (i) is for informational purposes only and does not constitute legal advice, and (ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. Any e-mail , contact form or other communications sent from you to us through the site will not be treated as confidential unless Lockhart Law Office, P.C. agrees in advance to treat it as such. Accordingly, do not send us any information about any matter which may involve you unless and until we have formalized our agreement to represent you.

  • White Facebook Icon
  • Yelp
  • White LinkedIn Icon

© Proudly created with Wix.com

Lockhart Law Office, P.C. 

503 North Main Street
North Syracuse, NY 13212

Telehone: 315-937-2079

Facsimile: 315-293-2801