This New York State Maintenance Calculator is designed to give an estimate of the Temporary and Post-Divorce Maintenance Award by the Court and is based on annual individual income up to a cap of $178,000.00 (if either party's income exceeds $178,000.00 their are additional factors set forth in DRL §236 Part B(6)(d. and e.) that apply in determining any additional award, if any).
The Payor is the party that has the Highest Income, and may have to pay Temporary and/or Post Divorce Maintenance to the other party (payee).
The duration of Payments is Based on the Advisory Schedule.
The purpose of this New York State Maintenance Calculator is for information only. This New York State Maintenance Calculator is based on statutory guidelines, but the Court has the final authority to determine the amount of Maintenance that will be awarded, if any.
The numbers provided are only estimates and are not a guarantee of the actual amount of Maintenance that will be awarded. Other factors may affect the amount of Mantenance awarded. Consult an Attorney for more detailed information.
Note: Calculations are based on the following:
The Maintenance Formula.
Current 2016 Self Support Reserve is = 135% of $11,880.00 (2016 HHS Poverty Level Figure for Single Person Family).
Current 2016 FICA for Wage Earner is 7.65% of Gross Income up to the Maximum Threshold of $118,500.00.
Current 2016 FICA for Wage Earners Above the Maximim Income Threshold is 6.2% of $118,500.00 (Social Security Portion), plus 1.45% of Total Gross Income from Wages (Medicare amount).
Current Self-Employment FICA is equal to 15.3% of 92.35% of Gross Annual Self-Employment Income (Self-Employment Contributions Act), up to the Maximum Threshold of $118,500.00.
Current Self-Employment FICA Above the Maximim Income Threshold is 12.4% of $118,500.00, plus 2.9% of of 92.35% of Gross Annual Self-Employment Income.
The Source for the FICA Information is here.