How strictly and frequently is the $136K salary cap applies towards calculating child support?

Asked about 1 year ago - Rocky Point, NY

My husband makes $170 K and I make $80K annually. We have one child and I'm planning to buy him out on the marital residence in Suffolk County to stay in the school district with my child. How strictly and frequently is the $136K salary cap applies towards calculating child support? What is the chance of me being awarded spousal maintenance?

Attorney answers (3)

  1. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . For the most part, that sum is irrelevant on Long Island. I would expect the child support to be calculated based on the full income.

    If the case went to trial, I would expect that you would receive maintenance as well. The amount and duration of maintenance would depend on a lengthy list of factors.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more
  2. David P. Badanes

    Contributor Level 12

    1

    Lawyer agrees

    Answered . In Suffolk county it is likely that child support will be based on income above the cap. I also believe you would get some maintenance

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . It's not a cap. It's a threshhold amount at which point the income percentage table (17% for one child) no longer counts and an expense based standard enters the picture.

    So above a combined $136K, the child's expenses add up to the monthly support amount. This is the rule throughout NY. Parties can stipulate to other amounts.

    Good luck.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,002 answers this week

3,019 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,002 answers this week

3,019 attorneys answering