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

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. 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. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>


  2. 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.


  3. 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

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