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Calculator

Step 1 of 6

16%

Total Income from total wages, salaries, tips, etc.
(Amount required to be reported on most recent federal tax return)

Plaintiff

Defendant

Gross Income

Plaintiff

Defendant

Other Income

Yes

Investment income (Minus amount spent as part of the investment)

Plaintiff

Defendant

Deferred Compensation

Plaintiff

Defendant

Workers’ Compensation

Plaintiff

Defendant

Disability Benefits

Plaintiff

Defendant

Unemployment Insurance

Plaintiff

Defendant

Social Security Benefits

Plaintiff

Defendant

Veterans Benefits

Plaintiff

Defendant

Pensions & Retirement Benefits

Plaintiff

Defendant

Fellowships & Stipends

Plaintiff

Defendant

Annuity Payments

Plaintiff

Defendant

Any Other Income

Plaintiff

Defendant

Items Attributable to Income (Only enter amounts not included on a previous line)

Self-employment depreciation deduction (Exceeding straight-line amount)

Plaintiff

Defendant

Self-employment entertainment and travel allowances (That reduce personal expenses)

Plaintiff

Defendant

Employment fringe benefits (That reduce personal expenses)

Plaintiff

Defendant

Money, goods and services provided by relatives and friends

Plaintiff

Defendant

Reduction in income due to purposeful unemployment or underemployment

Plaintiff

Defendant

Income from income-producing property distributed, or to be distributed, upon divorce

Plaintiff

Defendant

Total Income

Total Income Plaintiff

Total Income Defendant

Child support paid to a non-party for children from other relationships

Plaintiff

Defendant

Maintenance/spousal support (formerly known as alimony) paid to a non-party

Plaintiff

Defendant

Federal Insurance Contributions Act (FICA) taxes Do you want to enter amounts or have the calculator estimate amounts?

Enter tax

Enter Tax

Estimate Tax

FICA: Social Security Tax Paid

Plaintiff

Defendant

FICA: Medicare taxes

Plaintiff

Defendant

FICA: Social Security Tax Paid

Plaintiff

Defendant

FICA: Medicare taxes

Plaintiff

Defendant

New York City & Yonkers income taxes Do you want to enter amounts or have the calculator estimate amounts?

Yonkers income taxes

Enter Tax

Estimate NYC Tax

Estimate Yonkers Tax

Enter NYC or Yonkers income taxes

Plaintiff

Defendant

Estimated NYC income taxes

Plaintiff

Defendant

Estimated Yonkers income taxes

Plaintiff

Defendant

Unreimbursed employee business expenses (But not those that reduce personal expenses)

Plaintiff

Defendant

Public assistance (If included within Income section above)

Plaintiff

Defendant

Supplemental Security Income (If included within Income section above)

Plaintiff

Defendant

Total Income

Plaintiff

Defendant

Annual Deductions

Plaintiff

Defendant

Net Annual Income

Plaintiff Net Annual Income

Defendant Net Annual Income

Are there children of this marriage?

Yes

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.

Who is the custodial parent?

Plantiff

Defendant

Income of the party paying maintenance

Plantiff

Income of the party receiving maintenance

Defendant

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

minus 20% 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 Result #1 and Result #2 (if both results are lower than zero, use "0")

Number

GUIDELINE AMOUNT of temporary or post-divorce maintenance:

annual

monthly

semimonthly

biweekly

weekly

Adjusted CSSA income plantiff

Adjusted CSSA income defendant

After guideline maintenance plantiff

After guideline maintenance defendant

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?

Yes

Remove the cap

Adjust the cap

Enter cap value

Adusted CSSA income plantiff

Adusted CSSA income defendant

Statutory income cap

Adjusted income cap

1st calculation

30% of payor's income up to and including the cap

minus 20% 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 9 (on payor's income above the statutory cap)

Total Adjusted-Cap Maintenance (on payor's income up to & including the adjusted cap)

Adjusted CSSA income plantiff

Adjusted CSSA income defendant

after adjusted-cap maintenance plantiff

after adjusted-cap maintenance defendant

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?

Yes

Payment amount plantiff

Payment amount defendant

Payment frequency

Deviation from Guideline Amount of temporary or post-divorce maintenance:

annual plantiff

annual defendant

monthly plantiff

monthly defendant

semimonthly plantiff

semimonthly defendant

biweekly plantiff

weekly plantiff

weekly defedant

Income After Payment

Adjusted CSSA income plantiff

Adjusted CSSA income defendant

after maintenance deviation plantiff

after maintenance deviation defendant

Apply the Advisory Schedule?

Yes

The maintenance law (effective January 23, 2016) sets forth an “Advisory Schedule” which the courts may use to help determine the duration of post-divorce maintenance.

Date of marriage:

MM slash DD slash YYYY

Date divorce action commenced:

MM slash DD slash YYYY

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

Years

Months

Guideline Duration of Post-Divorce Maintenance: - TO -

Years

Months

Child Support

Number of children

Adjusted CSSA income

Plantiff

Defendant

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.

For maintenance

Use Guideline Amount from above

Use deviation amount from above

No maintenance

Plantiff

Defendant

Plantiff

Defendant

Plantiff

Defendant

Income adjusted for maintenance

Plantiff

Defendant

Combined parental income

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

Statutory combined parental income cap

Applicable child-support percentage

Parental child support obligation

Annual

Monthly

Each parent's share of combined parental income

Plantiff

Defendant

PRO RATA SHARES of child support up to the cap

Plantiff Annual

Defendant Annual

Plantiff Monthly

Defendant Monthly

Plantiff Semimonthly

Defendant Semimonthly

Plantiff Biweekly

Defendant Biweekly

Plantiff Weekly

Defendant Weekly

Noncustodial parent's BASIC CHILD SUPPORT OBLIGATION

Annual

Monthly

Income After Payment

Adjusted CSSA income

Plantiff

Defendant

Adjusted for maintenance

Plantiff

Defendant

After basic child support

Plantiff

Defendant

Child Support on combined parental income above the statutory cap:

The court shall determine the amount of child support on combined parental income above $183,000 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? 5 (See warning in sidenote)

Yes

Select option

Remove the cap

Adjust the cap:

Enter cap value

Income adjusted for maintenance plantiff

Income adjusted for maintenance defendant

Combined parental income

Statutory income cap

Adjusted income cap

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?

Yes

Select

Use adjusted-cap result from above

Specify another amount

Deviation from noncustodial parent's Basic Child Support Obligation

Payment Amount

Plantiff

Defendant

Payment frequency

Deviation from noncustodial parent's Basic Child Support Obligation:

Annual

Plantiff

Defendant

Monthly

Plantiff

Defendant

Semimonthly

Plantiff

Defendant

Biweekly

Plantiff

Defendant

Weekly

Plantiff

Defendant

Income After Payment

Adjusted CSSA income

Plantiff

Defendant

Adjusted for maintenance

Plantiff

Defendant

After child support deviation

Plantiff

Defendant

Maintenance Payable to Defendant

Annual

Monthly

Net Payment: includes any applicable maintenance and child support: Plaintiff pays the Defendant

Annual:

Monthly:

Semi-Monthly:

Bi-Weekly:

Weekly:

Gross Income

Plaintiff

Defendant

Adjusted Gross Income

Plaintiff

Defendant

Adjusted gross income including maintenance offset

Plaintiff

Defendant

FICA: Social Security Tax

Plaintiff

Defendant

FICA: Medicare Taxes

Plaintiff

Defendant

Total FICA Taxes

Plaintiff

Defendant