New York Law (NYLE) Practice Exam

How should the court calculate maintenance and child support when a couple with children is divorcing?

1. The parties calculate child support and seek court approval for maintenance

2. Child support should be calculated first

3. Maintenance should be calculated first

4. Child support and maintenance should be calculated concurrently

The correct answer is: Maintenance should be calculated first

The calculation of maintenance and child support during divorce proceedings is a process that requires careful consideration of the financial circumstances of both parents and the needs of the children. When determining how to approach these calculations, the sequential order in which they are addressed can significantly impact the overall determination of financial obligations. Calculating maintenance first is critical because maintenance, often referred to as spousal support, is intended to ensure that one spouse can maintain a reasonable standard of living post-divorce. The amount and duration of maintenance will influence the income available for both parties, thereby affecting how child support is determined. If maintenance is calculated first, it allows the court to establish the financial needs of the recipient spouse before considering the needs of any children and the ability of the payor spouse to contribute financially to both obligations. In contrast to this approach, calculating child support first does not take into consideration the financial strain that spousal maintenance may impose on the payor. Concurrent calculations, while they might seem logical, could lead to confusion about how each obligation impacts the other. When maintenance is properly prioritized, the resultant financial picture is clearer, enabling the court to make informed decisions about both child support and maintenance that reflect the realities of maintaining a household for a child. Thus, prioritizing the calculation