§ 412. Married person's duty to support spouse. 1. A married person is\nchargeable with the support of his or her spouse and, except where the\nparties have entered into an agreement pursuant to section four hundred\ntwenty-five of this article providing for support, the court, upon\napplication by a party, shall make its award for spousal support\npursuant to the provisions of this part.\n 2. For purposes of this section, the following definitions shall be\nused:\n (a) "payor" shall mean the spouse with the higher income.\n (b) "payee" shall mean the spouse with the lower income.\n (c) "income" shall mean income as defined in the child support\nstandards act and codified in section two hundred forty of the domestic\nrelations law and section four hundred thirteen of this article without\nsubtracting spousal support actually paid or to be paid to a spouse that\nis a party to the instant action pursuant to subclause (C) of clause\n(vii) of subparagraph five of paragraph (b) of subdivision one-b of\nsection two hundred forty of the domestic relations law and subclause\n(C) of clause (vii) of subparagraph five of paragraph (b) of subdivision\none of section four hundred thirteen of this article.\n (d) "income cap" shall mean up to and including one hundred\neighty-four thousand dollars of the payor's annual income; provided,\nhowever, beginning March first, two thousand twenty and every two years\nthereafter, the income cap amount shall increase by the sum of the\naverage annual percentage changes in the consumer price index for all\nurban consumers (CPI-U) as published by the United States department of\nlabor bureau of labor statistics for the prior two years multiplied by\nthe then income cap and then rounded to the nearest one thousand\ndollars. The office of court administration shall determine and publish\nthe income cap.\n (e) "guideline amount of spousal support" shall mean the sum derived\nby the application of subdivision three or four of this section.\n (f) "self-support reserve" shall mean the self-support reserve as\ndefined in the child support standards act and codified in section two\nhundred forty of the domestic relations law and section four hundred\nthirteen of this article.\n (g) "agreement" shall have the same meaning as provided in subdivision\nthree of part B of section two hundred thirty-six of the domestic\nrelations law.\n 3. Where the payor's income is lower than or equal to the income cap,\nthe court shall determine the guideline amount of spousal support as\nfollows:\n (a) Where child support will be paid for children of the marriage and\nwhere the payor as defined in this section is also the non-custodial\nparent pursuant to the child support standards act:\n (1) the court shall subtract twenty-five percent of the payee's income\nfrom twenty percent of the payor's income.\n (2) the court shall then multiply the sum of the payor's income and\nthe payee's income by forty percent.\n (3) the court shall subtract the payee's income from the amount\nderived from subparagraph two of this paragraph.\n (4) the court shall determine the lower of the two amounts derived by\nsubparagraphs one and three of this paragraph.\n (5) the guideline amount of spousal support shall be the amount\ndetermined by subparagraph four of this paragraph except that, if the\namount determined by subparagraph four of this paragraph is less than or\nequal to zero, the guideline amount of spousal support shall be zero\ndollars.\n (6) spousal support shall be calculated prior to child support because\nthe amount of spousal support shall be subtracted from the payor's\nincome and added to the payee's income as part of the calculation of the\nchild support obligation.\n (b) Where child support will not be paid for children of the marriage,\nor where child support will be paid for children of the marriage but the\npayor as defined in this section is the custodial parent pursuant to the\nchild support standards act:\n (
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