Divorce Source: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap

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Cassie23
Carpal \'Tunnel

Reged: 10/07/05
Posts: 14714

Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap

12/21/10 09:25 AM

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. :)

Edited by Cassie23 (12/21/10 09:26 AM)

Post Extras

Entire topic
Subject	Posted by	Posted on
NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	wombat53	12/18/10 11:52 PM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	Cassie23	12/21/10 09:25 AM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	googledad	12/19/10 12:34 AM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	wombat53	12/19/10 02:29 AM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	googledad	12/19/10 09:30 AM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	wombat53	12/19/10 10:12 PM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	googledad	12/19/10 11:56 PM
Re: NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap	wombat53	12/19/10 01:56 AM

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