How Courts Determine the Amount of Spousal Support or Maintenance
Recent statutory amendments have created a formula by which the amount of spousal support or maintenance is standardized based on the incomes of the parties. The formula provides a presumptively correct amount of maintenance that will be ordered by the court that is applicable on income up to $192,000, unless the court is persuaded that one or more enumerated factors is applicable and should be used to determine maintenance. If so, the presumptive amount of maintenance derived from the formula is rebutted, and a different maintenance amount (more or less, depending on the case) is directed by the court to be paid. The factors are also used to determine whether and how much maintenance should be paid on payor incomes that exceed the income cap.