The following formula is the new standard for determining maintenance:

1. The court must first determine that the case is appropriate for maintenance. The factors that the court must look at to determine if a spouse is entitled to or in need of maintenance have not changed. This is one area in which some discretion is still exercised by the judge.
2. Once a determination is made that maintenance is appropriate, the guidelines will be applied if the couple has a combined gross income of less that $250,000 per year.
3. The maintenance formula begins with thirty percent (30%) of the income of the spouse with the greater income and subtracting twenty percent (20%) of the income of the spouse with lesser income. For example, if Spouse #1 makes $150,000 a year and Spouse #2 makes $50,000 a year, thirty percent (30%0 of Spouse #1's income is $45,000 and twenty percent (20%) of Spouse #2's income would be $10,000; and subtracting the lesser amount from the greater amount would result in $35,000 for maintenance.
4. After the initial calculation, a cap is applied: the income of the recipient spouse plus maintenance cannot be more than forty percent (40%) of the combined income of both spouses. For example, in the scenario set forth above, the combined income is $200,00, and forty percent (40%) of the combined income is $80,000 (.04 x $200,00 = $80,000). Subtracting the Spouse # 2's income ($50,000) from $80,000 (the cap) equals $30,000. Thus, the maintenance amount for Spouse #2 in this scenario would be $30,000.

The new maintenance guideline will impact results differently than what we have seen in the past. For instance, the new maintenance statue has an impact on child support, which has been subject to a formulaic standard for some time. The provisions on child support indicate that maintenance is deductible in determining net income for the purposes of child support. Under the new maintenance statute, maintenance is established first; then, income tax withholding must be calculated in light of the maintenance amount (as well as deductions for union dues, mandatory retirement, health insurance, etc. as provided under the child support provisions). The child support formula is applied net of maintenance and all the other deductions.