This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support Formula In Queens
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Queens
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US-00002BG-I
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FAQ
NYC Spousal Support Calculation In 2021, the cap was $192,000. Effective March 1, 2022, the spousal support cap will be $203,000.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
NYC Spousal Support Calculation In 2021, the cap was $192,000. Effective March 1, 2022, the spousal support cap will be $203,000. If the payor-spouse's income is more than $203,000, the court uses the standard formula for the income up to and including the income cap.
The court calculates the presumptively correct sum for spousal maintenance by deducting 20% of the requesting spouse's income from 30% of the other spouse's income. The lower figure from the two computations will determine the yearly maintenance award.
The formula is simple: Divide the Wife's annual amount by the interest rate: $100,000 divided by . 10 = $1 million. The formula is known as the present value of a perpetuity because it continues in perpetuity.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.