New York Raises Child Support and Maintenance Income Caps Effective March 1, 2026

Every two years, the income caps applied to New York State statutory child support and maintenance calculations increases. Effective March 1, 2026, the child support income cap has increased from $183,000 to $193,000, and the maintenance income cap has increased from $228,000 to $241,000.  If you are going through a divorce or involved in a support proceeding in New York, these updated figures will directly affect the amount of support a Court is likely to order.

What Are the Income Caps and Why Do They Matter?

Pursuant to the Family Court Act and Domestic Relations Law, New York Courts use statutory formulas to calculate both child support and spousal maintenance.  These formulas apply fixed percentages to a party’s income, but only up to a certain dollar amount.  That specific sum is known as the “income cap.”  Income above the cap is treated differently and rather than being subject to the formula, it falls within the Court’s discretion.

For child support, the cap applies to the combined parental income of both parents.  For maintenance, the cap applies only to the income of the payor, meaning the higher earning spouse.  By comparison, in a child support case, the Court looks at what both parents earn together and applies the formula to combined income up to $193,000.  In a maintenance case, the Court looks only at the higher-earning spouse’s income and applies the formula to income up to $241,000.

Income above those caps is not simply ignored.  The Court still has the authority to award additional support on the income above the cap but above the cap, the Court has greater discretion to deviate from the formula based on a list of statutory factors, including the standard of living during the marriage, the age and health of the parties, each party’s earning capacity, and other considerations spelled out in the Domestic Relations Law.

How Are the Caps Adjusted?

By law, both the child support cap and maintenance cap are recalculated every two years.  The adjustments are based on changes in the Consumer Price Index for All Urban Consumers, commonly referred to as CPI-U, which is published by the United States Department of Labor. 

Here is how the caps have changed over recent cycles:

Effective Period	Child Support Cap	Maintenance Cap
March 2020 – February 2022	$154,000	$192,000
March 2022 – February 2024	$163,000	$203,000
March 2024 – February 2026	$183,000	$228,000
March 2026 – February 2028	$193,000	$241,000

How Child Support Is Calculated Under the New Cap

The Child Support Standards Act, codified in Domestic Relations Law §240 and Family Court Act §413, sets out the formulaic approach.  The Court begins by determining each parent’s adjusted gross income.  This starts with gross income as reported to the IRS, then subtracts certain items such as FICA taxes, New York City or Yonkers income tax (if applicable), and any maintenance actually paid to the other spouse. Of course, the Courts are empowered to impute income to either side.

Once each parent’s income is determined, the Court combines them.  The formula then applies a fixed percentage to the combined parental income up to the cap of $193,000.  The percentages are: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children.  The resulting figure is the “basic child support obligation.”  Each parent’s share of that obligation is then divided in proportion to their respective incomes.

The noncustodial parent’s proportional share becomes their child support obligation.  On top of this basic obligation, certain add-on expenses, including child care costs necessary for the custodial parent to work and the child’s health insurance premiums, are typically divided pro rata between the parents as well.

If the combined parental income exceeds $193,000, the Court may choose to apply the same percentage to some or all of the excess.  It may also apply the statutory factors to determine whether additional support is appropriate.  Courts have wide latitude here, and outcomes vary depending on the judge, the facts of the case, and the quality of the arguments presented.

How Maintenance Is Calculated Under the New Cap

Spousal maintenance in New York is governed by its own formula, set forth in Domestic Relations Law §236(B) for divorce cases and Family Court Act §412 for Family Court proceedings.  The formula uses two alternative calculations, and the Court is required to award the lower of the two results.

Where the maintenance payor is also the child support payor, the formula works as follows.  First, the Court subtracts 25% of the payee’s income from 20% of the payor’s income.  Second, the Court multiplies the combined income of both spouses by 40%, then subtracts the payee’s income from that result.  The guideline amount of maintenance is the lesser of those two figures.  If both results are zero or negative, no maintenance is awarded under the guidelines.

Where no child support is being paid, or where the maintenance payor is the one receiving child support, the percentages shift slightly.  The Court subtracts 20% of the payee’s income from 30% of the payor’s income in the first calculation, and the second calculation remains the same.  Again, the lesser of the two results is the guideline amount.

Under the new cap, this formula applies only to the first $241,000 of the payor’s income.  If the payor earns more than $241,000, the Court has discretion to award additional maintenance on the excess after considering the 15 statutory factors listed in the Domestic Relations Law.  These factors include the length of the marriage, the parties’ ages and health, the standard of living established during the marriage, each party’s earning capacity, and other relevant considerations.

What This Means If You Have an Existing Support Order

The new caps do not automatically change any existing child support or maintenance order.  If you already have an order in place, it remains in effect unless and until it is modified by the Court.  If you are currently negotiating a stipulation of settlement or are in the middle of a support proceeding, the new caps apply immediately to any calculations performed on or after March 1, 2026. 

Why the Income Cap Matters More Than You Might Think

Many people assume the income cap only matters in high-income cases.  That is not entirely accurate.  A combined parental income of $193,000 is not unusual for a two-income household on Long Island.  Two parents each earning roughly $96,500 per year would reach the cap. The maintenance cap of $241,000 on the payor’s income similarly affects a broad range of cases.  Any spouse earning above that figure will have at least a portion of their income subject to the Court’s discretion rather than the guideline formula.  How the Court exercises that discretion depends heavily on the facts presented and the arguments made, which is one of the reasons experienced legal counsel matters in these cases.

Frequently Asked Questions

When do the new income caps take effect?

The new child support cap and maintenance cap took effect on March 1, 2026.  Any child support or maintenance calculation performed on or after that date should use the updated figures: $193,000 for child support and $241,000 for maintenance.

How often are the caps updated?

Every two years.  The next adjustment is expected on March 1, 2028.  The adjustments are based on changes to the Consumer Price Index for All Urban Consumers (CPI-U), published by the U.S. Department of Labor.

Does the new cap change my existing support order?

No.  An existing order remains in effect until it is modified by the Court.  The cap increase alone is not a basis for modification, but if your circumstances have changed, the new cap may affect a recalculated support amount.

What happens to income above the cap?

Income above the cap is not ignored.  The Court has discretion to award additional support on income above the cap after considering the statutory factors set forth in the applicable statute.  In child support cases, the Court may apply the same percentage to excess income or may consider the children’s needs and the parents’ resources.  In maintenance cases, the Court considers the 15 factors listed in the Domestic Relations Law.

Talk to an Experienced Suffolk County Divorce and Family Law Attorney

If you are facing a divorce, a child support proceeding, or a maintenance issue in Suffolk County or elsewhere on Long Island, the updated income caps may affect your case in ways that are not immediately obvious.  At the Law Office of Louis L. Sternberg, P.C., we handle divorce, child support, custody, and spousal maintenance cases throughout Suffolk County and Long Island.  Contact us now to schedule your free consultation.