UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) SUPREME COURT OF THE STATE OF NEW YORK 1 COUNTY OF ------------------------------------------------------------------ X 2 Plaintiff, Index No.: 4 - against - 3 MAINTENANCE GUIDELINES WORKSHEET (FORM UD - 8(2) Rev. 3/1/1 9 Defendant. ------------------------------------------------------------------- X IMPORTANT NOTE: DO NOT FILL OUT THIS FORM IF YOUR ACTION WAS COMMENCED BEFORE JANUARY 25, 2016, 1 To assist you in making the calculations on this Worksheet, you may us e the Maintenance/Child Support http://ww2.nycourts.gov/divorce/MaintenanceChildSupportTools.shtml . They are provided for your convenience as a tool. They have been tested with many scenarios to assure accuracy with appropriate entry of data. You may wish to make the calculations yourself on the Appendices to this Worksheet. Neither this Worksheet nor the Calculators are meant to predict what the court will order as to maintenance or child support in your case. Comments and que stions about this Worksheet or the Calculators should be sent to NYMatCalc@nycourts.gov If you decide to use the Calculators, you must copy your work onto Appendix B. 5 This Worksheet was prepared by Plaintiff Defendant, NOTE : If you and your spouse have entered into an agreement about maintenance 2 check the box below and submit a copy of the agreement or agreements to the court along with the completed Worksheet. Plaintiff and Defendant have entered into a written agreement about maintenance. 1 January 25, 2016 is the date the ne w Maintenance Guidelines Law (L. 2015, c . 269,) became effective. If your divorce action was commenced before that date, include any request for maintenance as he Summons with Notice or the Summons and Verified Complaint. See pages 14 and 16 of the Uncontested Divorce Packet Instructions. 2 is support to be paid by one party to the marriage for the support of the other party to the marriage after the divorce is final. Because it is to be paid after the divorce is final, it is - or simply as American LegalNet, Inc. www.FormsWorkFlow.com UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) 6 1 . Enter Income of Parties by copying the amounts from the Annual Income Worksheet, Line 1A and Line 1 B (Form UD - 8(1) ) . A. $ B. $ 7 2. DETERMINE WHO IS THE PAYOR AND WHO IS THE PAYEE : A. Enter the higher of Lines 1A and 1B . The person with the higher income is the MAINTENANCE PAYOR .......... $ B. Enter the lower of Lines 1A and 1B . The person with the lower income is the MAINTENANCE PAYEE ............ $ 8 3. CALCULATE GUIDELINE MAINTENANCE AWARD ON INCOME UP TO AND INCLUDING $ 184,000 . A. Check the box to indicate how you made the calculation: Use the Maintenance/Child Support Calculator s posted at http://www.nycourts.gov/divorce/ MaintenanceChildSupportTools.shtml and enter the Annual Guideline Maintenance Award from Line 19 of Part B of the Calculator s in Line 3B . OR Use Appendix B to make the calculation and enter the amount from Line 19 of Appendix B in Line 3B below B. The Guideline Award of Maintenance Income up to $ 184,000 ) ................................ .............................. $ 9 THE COURT WILL DETER MINE HOW LONG THE MA INTENANCE AWARD WILL BE PAID 3 4 a ., please enter: i) The date of your marriage; The date your divorce action was 3 The court must determine ho w long the maintenance award will be paid using the 15 Factors for Post - Divorce Maintenance in App endix. D, and the court may also consider the Advisory Schedule for Duration of Award in Appendix E setting forth percentages of the length of the marriage for which maintenance may be paid. American LegalNet, Inc. www.FormsWorkFlow.com UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) commenced; The number of years you were married to the date your divorce ac tion was commenced: ii) The range that maintenance would be payable according to the Advisory Schedule for Duration of Award in Appendix E Note: Multiply the number of years you have been married by the percentages in Appendix E to give the range on the schedule for that number of years married. For example, if you have been married 10 years on the date your action was commenced, the Advisory Schedule advises a duration of 15% - 30% times the number of years married. Multiply 10 x 15% = 1.5; Next Multiply 10 x 30%= 3. Write 1.5 3 years on line ii) above. iii) H ow many years are you asking the Court to order th at maintenance shall be payable? iv) Please describe retirement assets, benefits and retirement eligibility (age and other requirements) of you and your spouse if you can on the lines below. If you do not know Attach an additional page if needed and check the box below: Additional Page Attached 4b. Review the 15 factors for pos t divorce maintenance in Appendix D, and list any factors you would like the court to know about when decidin g how long maintenance will be paid. Attach an additional page if needed and check the box bel ow: Additional Page Attached American LegalNet, Inc. www.FormsWorkFlow.com UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) 10 5. After reviewing the 15 factors for post - divorce maintenance , check the appl icable box or boxes to ask the Court to adjust the award of maintenance on income of the payor up to $ 184,000 or to order maintenance on income of the Payor in excess of $ 184,000 per year. Then list the factors you would like the Court to consider in making such decision. Adjust Award of Maintenance on income up to $ 184,000 because you believe it is unjust 4 Order Maintenance on Income in Excess of $ 184,000 per year 5 Attach an additional page if needed and check the box below: Additional Page Attached . 11 I have carefully read this statement and attest that it is true and accurate to the best of my knowledge. Signature of Plaintiff Defendant, Print or Type Name Subscribed and Sworn to before me on Notary Public 4 Unjust or Inappropriate Awards: If a party believes that the Guideline Maintenance Award on income up to $ 184,000 is unjust or inappropriate, the party can ask the Court to order the Maintenance Payor to pay an adjusted amount. In making such decision, the Court shall consider the 15 factors for post - divorce maintenance . 5 Awards on Income of the Payor above $ 184,000 . 184,000 , the Court may award an additional amount of maintenance. In making such decision, the Court shall consider the 15 factors for post - divorce maintenance. American LegalNet, Inc. www.FormsWorkFlow.com UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) See APPENDICES B, D, and E Attached APPENDIX B. Calculation of Guideline Amount of Maintenance up to and Including $ 184,000 and Adjustment for Low Income APPENDIX D. 15 Factor for Court to Consid er for Post - Divorce Maintenance* Where Income Exceeds $ 184,000 or in Connection with Adjustment of Award or in Considering Duration of Award . APPENDIX E. Advisory Schedule for Duration of Post - Divorce * Maintenance to be paid by one party to the marriage for the support of the other party to the marriage after the divorce is final. Because it is to be paid after the divorce is final, it is - American LegalNet, Inc. www.FormsWorkFlow.com UD - 8(2) Rev. 3/1/ 1 9 (ch. 269 and ch. 387, L. 2015) ``` APPENDIX B (Page 1 of 2 Pages) Calculation of Guideline Maintenance Award on Maintenance Income up to and Including $ 184,000 ; Includes Possible Low Income Adjustment I. BASIC CALCULATION STEP A: INCOME OF MAINTENANCE PAYOR AND MAINTENANCE PAYEE 1. Enter Maintenance Payor's income from Line 2A on page 1 of the Worksheet: If this amount is greater than $ 184,000 , enter $ 184,000 . . . . . . . . . . . . . $ 2. Enter Maintenance Payee's income from Line 2B on page 1of the Worksheet $ STEP B: CALCULATE RESULT 1 and RESULT 2 USING FORMULAS B(1) AND B(2) BELOW; THEN ANSWER QUESTIONS IN STEP C AND STEP D TO DETERMINE WHETHER RESULT 1 OR RESULT 2 APPLIES STEP B(1)(3): Multiply Line 1 (Maintenance Income) by 20% . . . . . . . . . . . . . $ STEP B(1)(4): Multiply Line 2 (Maintenance Income) by 25% . . . . . . . . . . . . . $ STEP B(1)(5): Subtract Line 4 from Line 3: Result 1 . . . . . . . . . . . . . . . . .