Table of Effective Dates of Changes to Poverty Income Guidelines Amount, Self-Support Reserve, Combined Parental Income Amount and Income Cap Since 2003.

Table of Effective Dates of Changes to Poverty Income Guidelines Amount, Self-Support Reserve, Combined Parental Income Amount and Income Cap Since 2003.

The maintenance and child support provisions of Domestic Relations Law §§ 236 and 240, and Family Court Act §§ 412 and 413 refer to “income cap” with regard to maintenance and temporary maintenance awards, and “combined parental income” with regard to child support awards.  These statutes also refer to the terms “self-support reserve” and the “poverty income guidelines amount for a single person.”

For purposes of Child support awards pursuant to Domestic Relations Law § 240 the poverty income guidelines amount, self-support reserve, and combined parental income amount change yearly on March 1. For purposes of Maintenance and Temporary Maintenance awards pursuant to Domestic Relations Law § 236[B][5] and [B][5-a] the Income Cap for Maintenance and Temporary maintenance changes yearly on January 31. Different versions of Domestic Relations Law §§ 236 and 240 apply in matrimonial actions depending upon the date of the commencement of an action, and different amounts apply depending upon the date of the application.  The following table has been created to enable counsel to quickly find the amount applicable to actions commenced since 2003 and is available for download, with footnote references and links to charts, on our website at www.nysdivorce.com

Table of Poverty Income Guidelines Amount, Self-support reserve, Combined Parental Income and Income Cap amounts since 2003.

Table I.  Poverty Income Guidelines Amount, Self-support reserve, and Combined Parental Income

April 1, 2003

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $8,980. The

self-support reserve was $12,123. The Combined Parental Income Amount was $80,000.

April 1, 2004

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $9,310. The

self-support reserve was $12,569. The Combined Parental Income Amount was $80,000.

           

April 1, 2005

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $9,570. The

self-support reserve was $12,920. The Combined Parental Income Amount was $80,000.

           

April 1, 2006

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $9,800. The

self-support reserve was $13,230. The Combined Parental Income Amount was $80,000.

April 1, 2007

The poverty income guidelines amount poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $10,210. The self-support reserve was $13,783. The Combined Parental Income Amount was $80,000.

April 1, 2008

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $10,400. The

self-support reserve was $14,040. The Combined Parental Income Amount was $80,000.

                       

April 1, 2009

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $10,830. The

self-support reserve was $14,620. The Combined Parental Income Amount was $80,000.

April 1, 2010

The poverty income guideline amount for a single person as reported by

the United States Department of Health and Human Services was $10,830. The

self-support reserve was $14,620. As of January 31, 2010, the Combined Parental Income Amount was $130,000.

April 1, 2011

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $10,890. The self-support reserve was $14,702. The Combined Parental Income Amount was $130,000.

April 1, 2012

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $11,170. The self-support

reserve was $15,080.  The combined parental income amount was $136,000.

April 1, 2013

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $11,490. The self-support reserve was $15,512. The Combined Parental Income Amount was $136,000.

April 1, 2014

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $11,670. The self-support reserve was $15,755.  As of January 31, 2014, the Combined Parental Income amount was $141,000.

           

March 1, 2015

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $11,770. The   self-support reserve was $15,890.  The Combined Parental Income amount was $ 141,000.

April 1, 2016

The poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services was $11,880. The self-support reserve was $16,038. The Combined Parental Income Amount was $143,000.

April 1, 2017

The 2017 poverty income guidelines amount for a single person was $12,060.  The 2017 self-support reserve was $16,281. The Combined Parental Income Amount was $143,000.

Table II. Income Cap

October 12 2010

DRL § 236[B][5-a], Temporary Maintenance Guidelines - Income Cap on Temporary Maintenance   The “income cap” on temporary maintenance was $500,000.

January 31, 2012

As of January 31, 2012, the “income cap” of the maintenance payor for temporary maintenance was up to and including $524,000 of the payor’s annual income. DRL § 236[B][5-a] [b][5].

January 31, 2014

As of January 31, 2014, the “income cap” of the maintenance payor for temporary maintenance was up to and including $543,000 of the payor’s annual income. DRL § 236[B][5-a] [b][5].

January 23, 2016

As of January 31, 2016, the “income cap” of the maintenance payor for temporary maintenance was up to and including $178,000 of the payor’s annual income. 

As of January 23, 2016, the “income cap” of the maintenance payor for post-divorce maintenance was up to and including $175,000 of the payor’s annual income.

October 25, 2016

As of October 25, 2016, the “income cap” of the maintenance payor for temporary maintenance   was up to and including $178,000 of the payor’s annual income.

January 31, 2018

As of January 31, 2018, the “income cap” of the maintenance payor for temporary and post-divorce maintenance is up to and including $184,000 per year.