As of January 26, 2016 all New York divorce cases commenced after that date will be entitled to a maintenance calculation using the new formula. So if your case has just begun when you engage in settlement discussions the new spousal support formula can be applied to determine the guideline amount and duration.
The formula utilizes income from both parties with a series of separate calculations and percentages which percentages will also change dependent upon whether there is child support being paid by the parent with the higher income or being received by the parent with the higher income.
Every situation is different and it is too complicated and varied to adequately describe in this blog post. However, here is one example of the results that could be obtained.
Husband earns $100,000 and the Wife earns $25,000. They have two children and are married for 11 years.
If the Mother has custody of both children the Father pays maintenance of $1,058 per month and child support of $1,924 per month.
If the Father has custody of both children the Father pays maintenance of $1,924 per month and the Mother pays child support to the Father of $962 per month.
If there were no children or they were emancipated the Husband would pay maintenance of $1,924 per month.
The guideline duration of maintenance does not change in a marriage of this length could be from 1 year, 8 months to 3 years, 4 months.
Since these are guidelines, the court may for good cause deviate and after explaining its reasons have a different result.