| Cassie23 |
| (Carpal \'Tunnel) |
| 12/21/10 09:25 AM |
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap
|
I am from an area where the "cap" is used and regularly.
The $80k cap has now risen to $130k.
So this is how it works.
Your X makes $50k let's say (after the appropriate taxes are taken out).
You make $100k.
Together $150k.
So your "share" of CS is 67%
X's share is 33%.
Capped income is $130k. 17% of 130k is $22100/year
You pay 67% of 22100, making your CS obligation $14807/year and your X's $7293.
This is the way they would do it where I am from CAPPING at $130k.
Now a judge can decide to take the other $20k of your combined income and set the CS obligation at 17% for that or lower or at ZERO (which is where you would cap it).
Most people I know have it capped completely at the $130k. BUT add-ons for non covered medical, dental, childcare and college are tacked on in ratio to incomes.
I do think though most parents AGREE to the cap staying at $130k, but the lawyers we have spoken to say that is the "norm" in the courts.
ETA: This is western NY, NOT NYC. :)