Child support and spousal maintenance (alimony) exceeding the applicable cap in New York.
As of 2024, the income threshold for child support calculations has been adjusted to $183,000, an increase from the previous figure of $163,000. Similarly, the income threshold for maintenance has been raised to $228,000, from $203,000.
In cases where combined parental income exceeds the child support cap, the Court retains the discretion to determine the amount of child support payable on the excess income. The Court may either apply a percentage formula or consider various other factors to calculate the additional amount to be paid, if applicable.
In cases where the payor spouse’s income exceeds $228,000, the extent of additional support payable on the excess income, if any, is subject to the judge’s discretion. The court will evaluate various factors, including the ages and health of the parties, their current and anticipated earning capacities, the squandering of marital assets, tax implications, the standard of living maintained during the marriage, and other relevant considerations.
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The Underwood Law Firm provides comprehensive legal services in the realm of family law, encompassing various matters such as child custody, child support, separation, adoption, and divorce. Our expertise extends to the following regions: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, encompassing the municipalities of Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida, and numerous other areas.