Archive for March, 2012

Changes in Temporary Maintenance and Child Support Statutes

Sunday, March 18th, 2012

Because of the language in the statute providing for cost of living adjustments, temporary maintenance guidelines income cap was raised from $500,000 to $524,000. The “cap” on each spouses annual income, to be utilized in calculating temporary maintenance orders, has increased from $500,000 to $524,000 effective January 31, 2012 in accordance with Domestic Relations Law § 236 [B][5-a][b][5]. The statute provided that:

Beginning January 31, 2010 and every two years thereafter, the income cap increases by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the united states department of labor bureau of labor statistics for the two year period rounded to the nearest one thousand dollars. The office of court administration is required to determine and publish the income cap. See Domestic Relations Law § 236[B], [5-a][b][5].

Similarly, the child support cap was modified as well. The “combined parental income amount” utilized in calculating child support orders has increased from $130,000 to $136,000 effective January 31, 2012. The amount of the “combined parental income” is established by Domestic Relations Law § 240 (1-b) (2) as the amount set forth in Social Services Law § 111-I (2) (b). Domestic Relations Law § 240 (1-b) (2) provides that the amount established shall be multiplied by the appropriate child support percentage and such amount shall be prorated in the same proportion as each parent’s income is to the combined parental income. Social Services Law § 111-I (2)(b) provides that the $130,000 cap is increased automatically on January 31, 2012 and on January 31 every two years thereafter by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States Department of Labor Bureau of Labor Statistics for the two year period rounded to the nearest one thousand dollars.

While the change in the temporary maintenance cap is not likely to be applicable in vast majority of divorce cases, the change in the basis economic support amount applicable to child support cases is likely to be significant in a large number of cases in Family Court and Supreme Court.