Alimony? Child support? Income caps? If your eyes glaze over when divorce finances come up, this post is your no-nonsense crash course. People hate math, but they love money. And nothing proves it more than a divorce consult. The minute I start talking about support numbers, everyone suddenly becomes a “math expert.” Spreadsheets appear, calculators come out, and suddenly it’s all about the formulas.
But here’s the truth: support in New York is part math, part strategy.
In this blog, I cover the basics, run the numbers, and show you how people actually negotiate support in real life. Spousal maintenance and child support can make or break a divorce settlement. This post demystifies New York’s latest support laws, complete with updated 2025 caps, sample calculations, and smart strategies for high earners, caregivers, and everyone in between.
First, the basics:
What Is Spousal Maintenance?
- In New York, alimony is officially called “maintenance” or “spousal support.” It helps the financially disadvantaged spouse maintain a standard of living post-separation or divorce.
- There are two main types:
- Temporary maintenance (pendente lite): granted during pending litigation.
- Post-divorce maintenance: granted after the divorce is finalized, typically based on factors like income disparity, marriage length, health, age, and future earning potential.
- While there is a statutory formula to calculate temporary maintenance up to an income cap (currently around $228,000), courts have discretion for higher incomes and post‑divorce awards (New York State Unified Court System).
How Is Child Support Calculated?
- New York’s Child Support Standards Act (CSSA) sets fixed percentages of combined parental income:
- 17% for one child
- 25% for two children
- Additional percentages apply for three or more, and caps adjust annually—most recently raised to $183,000 effective March 1, 2024.
- Child support calculations go beyond basics, they include “add-ons” for daycare, health insurance, unreimbursed medical costs, and education expenses.
- In New York, child support continues until age 21, unless the child is emancipated, marries, or joins the military earlier.
Sample Child Support Calculation:
Assume:
Payor’s income: $120,000 (after maintenance deduction)
Payee’s income: $66,000 (after maintenance addition)
Combined income = $186,000 → capped at $183,000
One child = 17% of combined income = $31,110
Next, determine each party’s pro rata share:
Payor’s share = $120,000 – maintenance ÷ $186,000 ≈ 60.5%
Child support obligation = 60.5% × $31,110 ≈
$18,816.53/year or ~$1,568.04/month
Add-ons like child care, health insurance, and unreimbursed medical expenses are typically split in proportion to income (here, about 60/40).
When Can Child Support Be Modified?
Support isn’t set in stone. Modifications can be requested if there is:
- A substantial change in circumstances (e.g., job loss, disability)
- A 15% change in either party’s income
- Three years since the last order
But beware: courts may be reluctant to reduce support if the payor is voluntarily underemployed or has undisclosed assets.
Maintenance & Support: Are They Linked?
- Yes, sometimes. Spousal support is determined before calculating child support. The recipient spouse’s support award is considered as income in the child support formula, meaning it reduces the noncustodial parent’s gross income for child support calculations.
- If incomes exceed the statutory caps, courts consider several factors, such as standard of living, caregiving duties, duration of marriage, tax implications, to decide whether to award additional support or modify formulas.
Key Legal and Practical Considerations
- No automatic entitlement to permanent alimony: typically reserved for long-duration marriages, disability, or advanced age. Maintenance tends to be rehabilitative or temporary.
- Modifications are possible if there’s a significant change in circumstances (e.g. income shift, job loss, new needs) then child support may be reviewed every three years or earlier if warranted.
- Courts also account for non-statutory factors, such as misconduct, health issues, educational needs, or caregiving obligations that affected earning capacity.
- Deviations: For high earners, the courts can consider income above the statutory caps, and look more towards lifestyle issues. For situations where custody is equally shared, deviations may look to off-set the fact that the child(ren) are equally in both homes.
Strategic Considerations in Negotiation
While the formulas may seem rigid, there’s room to negotiate, especially when:
- Incomes exceed the cap
- One party gave up career or education opportunities
- A child has special needs or private school expenses
- There’s a contested prenup or history of unpaid labor (e.g., caregiving)
- There is equal parenting time
Here are a few key strategies to consider:
1. Negotiate Lump Sum Maintenance
Instead of monthly payments, a lump sum avoids enforcement issues and gives both parties financial clarity. It’s particularly appealing when one spouse wants to move on cleanly without future entanglements.
Example: Instead of $2,000/month for 3 years, a payor may offer $60,000 lump sum (possibly discounted for tax reasons or early payment).
2. Trade Maintenance for Property
If a dependent spouse is entitled to both maintenance and a share of property (e.g., equity in the marital home), they might waive maintenance in exchange for a larger property settlement. Again, a “bird in the hand” means that the dependent spouse has that money without waiting for monthly payments, and it also allows the payor spouse to be free from the ongoing monthly obligation.
3. Be Wary of “Double Counting”
Make sure to avoid double counting where an asset is treated as a marital property and a stream of income for support. For example, rental income from a marital property being divided should not also inflate support payments.
4. Build in a Review or Step-Down
If someone is planning to reenter the workforce or complete a degree, consider a “step-down” structure (e.g., $3,000/mo for 12 months, then $2,000/mo for 12 more) or build in a review clause after a set period.
5. Consider Tax Implications
Post-2019, spousal maintenance is no longer tax-deductible to the payor or taxable to the recipient. Keep this in mind when comparing pre- and post-tax impacts of a lump sum vs. monthly payments.
How the Math Impacts the Money, and Your Future
What you walk out of your divorce with (or without) may impact your long-term plans and goals.
If complexities or deviations exist, such as high incomes, unusual expenses, or contentious prenuptial provisions, consulting a family law practitioner is critical for tailored advice and deviation arguments.
Bottom line: New York divorce law gives clear statutory structure for basic matters involving child support, and spousal support, but each remains inherently flexible. The basic model is straightforward, yet the legal landscape shifts rapidly with income caps, legislative updates, and individual case factors.
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The Divorce Artist™️ 