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I am going to assume that you are talking about P.A. 98-0961. This essentially reduces maintenance to a formulaic equation, as opposed to using subjective factors as the Courts did before. Under this law, the maintenance award would equal thirty percent of the paying party's gross income minus twenty percent of the receiving party's gross income, not to exceed forty percent of the parties’ combined gross income when added to the receiving party's gross.
Earning potential is not a part of the formula. Meaning, it does not factor into the maintenance.
The only exception is if the Judge believes that the paying party is underemployed on purpose. If so, the Judge can at discretion raise the amount to what the Court believes the paying party can/should be making in the calculation.
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