Gross Income
Whatever the case, the AAML’s formula calculates both the total reward and duration of the payments for spousal support in New York: Spousal Maintenance= (30% of supporter’s gross income) – (20% of the supported party’s gross income). In some states, support is calculated from net income.. Net-income states include California, Florida, Idaho, Illinois, Indiana, Iowa, Michigan, Minnesota, Montana, Nebraska, North Dakota, Pennsylvania, South Dakota, Virgin Islands, Washington, West Virginia, and Wyoming. While the software can handle the calculation of net income, it will be based on the gross income figures input by counsel-and even minor errors can generate significant distortions in the results. Gross income is largely determined using the methodology prescribed by the Child Support Guidelines (CSG). 1) Subtract 20% of the supported spouse’s income from 30% of the paying spouse’s income. 2) Multiply the total income of both spouses by 40% and subtract the supported spouse’s income from that amount. 3) The court will determine the temporary award of maintenance based on the lower amount of (1) or (2). 1 A person receiving spousal maintenance must claim the amount received as income on federal and state income tax returns. 2  Conversely, the person paying support is entitled to an income tax deduction. 3  In considering the amount of spousal maintenance to be awarded, the court will consider the tax impact on each parent. Spousal Support in New York follows both standard calculating factors and unique, strict deviation considerations. If a judge feels the formula for calculating spousal support in New York is unfair, they may consider up to 17 factors that will influence the final settlement. These deviation factors are located under the New York State Law Revision Commission. “Gross (Total) Income” for the Purposes of Child Support and Temporary Maintenance. Print. gross (total) income as should have been or should be reported in the most recent federal income tax return. “Income” shall mean: (a) income as defined in the child support standards act. There is not a specific form for spousal support in New York, but there are a couple of important steps involved in asking for support. During the hearing after filing the petition and summons, a Support Magistrate will hear each party’s evidence of income and expenses.
http://divorce.laws.com/spousal-support/spousal-support-new-york http://www.divorcesource.com/research/dl/income/95jul138.shtml http://canadian-lawyers.ca/Understand-Your-Legal-Issue/Family-Law/Spousal-Support/Determining-Income-under-Spousal-Support-Guidelines.html http://www.divorcenet.com/resources/divorce/spousal-support/alimony-guidelines-new-york http://www.divorcenet.com/states/new_york/nyart29 http://divorce.laws.com/spousal-support/spousal-support-new-york http://www.divorceny.com/temporary-relief/total-income/ http://divorce.laws.com/spousal-support/spousal-support-new-york
is spousal support in new york based on gross or net income