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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I live in new york city. I am getting a divorce and have a

Resolved Question:

I live in new york city. I am getting a divorce and have a 5 year old child with my husband. He makes $200K per year as a consultant and I have a small consulting business that nets about $50K per year. What is the maintenance and child support amounts I should expect to receive from my spouse/father of the child if I am the custodial parent? Is there an income limit to which child support will be granted in New York?
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.

Thank you for contacting I am sorry to hear of your difficult situation.

Have you been the primary caregiver of your child?

How long have you been married?
Customer: replied 6 years ago.
Yes, I have been the primary caregiver of my child. We have been married for 7 years in July.
Expert:  Tina replied 6 years ago.
I see.

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.



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Customer: replied 6 years ago.
Are you familiar with recent maintenance laws in nyc and in what cases the court would decide to provide more support based on income over $130K?
Expert:  Tina replied 6 years ago.
Where income exceeds $130k, the courts would normally consider the expenses of the non-custodial parent (in additional to FICA and other taxes normally deducted) and needs of the child, seeking to find a balance between ability to pay and any extraordinary expenses or needs the child may have.

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