Calculating Child Support and Spousal Maintenance in 2026

03/10/2026
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In New York State, we have a formula for the calculation of both child support and spousal support/spousal maintenance. Child support is calculated based on a percentage of combined parental income with the percentage varying, depending on the number of children to be supported, (25% for one child, 29% for two children, up to 35%+ for five or more children).  There is a cap on combined parental income which is adjusted every two years. Our spousal support formula also caps income for calculation purposes, but the cap is based on the Paying Spouse’s income and not on the Parties’ combined incomes. That cap is also adjusted every two years.  The Courts will, in some instances, set support based on incomes in excess of the statutory caps.

Effective March 1, 2026, the income caps for calculating child support and spousal maintenance/support have increased. The combined income cap under the Child Support Standards Act has increased from $183,000.00 to $193,000.00 per year, and the income cap for the maintenance payor under the Maintenance Guidelines has increased from $228,000.00 to $241,000.00 per year.