* ALL INCOME: Including but not limited to investment income, deferred
comp, worker's comp, state disability, social security payments, SSD (not SSI or Public Assistance), unemployment, veterans,
pension retirement income, fellowships, stipends, annuity payments, former income or resources voluntarily
reduced, perks that reduce personal expenses, money goods and services provided by friends and relatives,
and income that should be reported on income tax returns not listed above. |
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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
$228,000 (if either party's income exceeds
$228,000 there 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 2024 Maintenance Cap of
$228,000
Current 2024 Self Support Reserve is = 135% of
$15,060
(HHS Poverty Level Figure for Single Person Family).
Current 2024 FICA for Wage Earner is 7.65% of Gross Income up to the Maximum Threshold of
$168,600.
Current 2024 FICA for Wage Earners above the Maximum Income Threshold is 6.2% of
$168,600 (Social Security Portion), plus 1.45% of Total
Gross Income from Wages (Medicare amount).
Current 2024 Self-Employment FICA (SECA) is equal to 15.3% of 92.35% of
Gross Annual Self-Employment Income up to the Maximum Threshold of
$168,600.
Current 2024 Self-Employment FICA (SECA) above the Maximum Income Threshold is 12.4%
(Social Security amount) of 92.35% of Gross Annual Self-Employment Income up to
$168,600, plus 2.9% (Medicare amount) of 92.35% of
Gross Annual Self-Employment Income.
The Source for the FICA Information is
here.
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