The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- at least 35% for five or more children.
Then the noncustodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.
Here is a link with additional information:
Absent extraordinary expenses, the child support should be somewhere around $24,000. per year.Spousal support
is different and not automatically granted. The court would typically consider the following factors:
(1) any income or assets of the parties including the property award;
(2) the length of the marriage and the age and health of the parties;
(3) the earning potential of both parties;
(4) If and how long it would take the party seeking support to become self-supporting;
(5) reduced or lost lifetime earning capacity;
(6) the presence of children of the marriage in the respective homes of the parties;
(7) the tax ramifications;
(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
(9) any dissipation of assets;
(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
(11) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)
See the following link for more information:
In this case, there may not be an award of spousal support or it could be several thousand dollars on a temporary basis if you can show that these factors weigh heavily in your favor, such as your need, your spouse's ability to pay, that you gave up monetary gain for your spouse/maintain the marriage.
All the best to you.
Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.
NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.
As always, I am available to clarify the answers for you. Thank you and the best of luck.