how to dispute spousal support in pa no lawyer

How does spousal support work in PA divorce?

Spousal Support in Pennsylvania. Pennsylvania law dictates spouses have an obligation to support one another financially. This obligation does not cease if the parties separate. If couples in Pennsylvania are separating in anticipation of divorce, either party may petition the court to order the other to assist financially.

How can a lawyer help you fight alimony?

A lawyer skilled in dealing with marital property can help a client fight alimony that may appear to be an unfair award to the receiving spouse. The final decision should consider the rights of both parties and represent a fair and affordable payment and retaining a good lawyer increases the chance of this outcome.

How long does a spouse have to pay maintenance in PA?

Permanent Support- the state of Pennsylvania has no time limit for receiving maintenance. If the support is not rehabilitative, a spouse may receive permanent support all the way up to their death. A partner is usually awarded this type of maintenance in Pennsylvania if they have a mental or physical illness.

When to use spousal support to go back to school?

The spouse may use this type of support to go back to school or acquire more vocational experience in order to become more hirable. The most common people to receive this type of support are those who have taken on roles as the homemaker in the past or have taken care of raising the children.

How do I terminate spousal support in PA?

You will need to file a motion to terminate alimony with your county court clerk's office. If the court agrees that your ex-spouse is cohabitating, the judge can terminate alimony retroactively to the date you filed your motion.

Can you waive alimony in PA?

No, there is no entitlement to alimony in Pennsylvania. Instead, it's purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.

How long do you have to pay spousal support in PA?

While there's no easy answer, a good rule of thumb is 1 year of alimony for every 3 years of marriage. If you've been married for 15 years, a good rule of thumb to think is about probably 5 years of alimony.

What are the 17 factors for alimony in Pennsylvania?

The 17 Factors of Alimony in PAThe relative earnings of both spouses.The duration of the marriage.The ages and physical, mental and emotional states of the two spouses.The sources of income of both spouses. ... The expected future earnings and inheritances of the two spouses.More items...•

Does adultery affect spousal support in PA?

Pennsylvania law recognizes adultery as a fault ground for divorce. The cheating spouse is at fault, due to his or her adulterous behavior, for the decision to divorce. When a divorce involves adultery, it can affect spousal support and alimony.

Is dating during separation adultery in PA?

Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.

Does alimony change if income changes?

The most common answer to the question asked above is no; an increase in your income does not mean that you will have to pay more in alimony. The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer.

What determines spousal support in Pennsylvania?

The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.

Who decides alimony amount?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

What is a wife entitled to in a divorce in PA?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages ...

How long do alimony payments last?

10-20 years – On average, you can expect to pay alimony for about 60 to 70 percent of the length of your marriage. So, if you were married for 20 years, your alimony will likely last between 12 and 14 years. However, this can change considerably based on individual circumstances and the judge overseeing your case.

What is alimony pendente lite in Pennsylvania?

What is Alimony Pendente Lite? Alimony Pendente Lite, or APL, is a type of spousal support granted prior to the entering of the PA divorce decree. The purpose of APL is to allow the lower earning party to have money made available to them during the trial.

What is spousal support in Pennsylvania?

Click below to share this on social media: Spousal support in Pennsylvania is the amount paid to a dependent spouse to assure that person has a reasonable living allowance, or money to provide for living expenses. In Pennsylvania, spousal support is the title for support paid before a divorce complaint is filed.

Why is spousal support not appropriate?

In this situation, spousal support is not appropriate because the marriage itself is considered “defective.”. 2) Marital Misconduct: A spouse can forfeit the right to receive PA spousal support if that spouse has engaged in an extramarital affair during the parties’ marriage.

What happens if a spouse accepts their spouse's marital misconduct?

3) Condonation: If a spouse “condones” or accepts their spouse’s marital misconduct, then the duty to pay spousal support may be restored. Condonation can take many different forms, but it generally requires that a spouse had knowledge of their spouse’s misconduct and they “condoned” the behavior in some way.

What is the lack of entitlement due to a defective marriage?

1) Lack of Entitlement due to a Defective Marriage: If the parties’ ceremonial marriage is not effective for any number of reasons, a dependent spouse in this situation is not entitled to spousal support.

What are the entitlement defenses to spousal support?

There are, however, “entitlement defenses” to spousal support – meaning that the party who would otherwise be ordered to pay spousal support will not have to pay if one of these defenses applies. 1) Lack of Entitlement due to a Defective Marriage: If the parties’ ceremonial marriage is not effective for any number of reasons, ...

What is voluntary withdrawal from marital residence?

6) Voluntary withdrawal from the marital residence without adequate cause: A voluntary withdrawal from the marital residence without adequate legal cause is a bar to spousal support. A spouse who has left the marital residence has the legal burden to establish that their spouse’s conduct justified them leaving the marital residence.

What is indignity in PA?

Indignities are defined in PA as a course of conduct or continued treatment which renders the condition of the innocent party intolerable and his or her life burdensome. It is further defined by PA case law as a course of conduct as is humiliating, degrading and inconsistent with the position and relation as a spouse.

What is spousal support in PA?

The types of maintenance are described below: Rehabilitative Support- this type of spousal support in PA is a short-term solution that allows a spouse in need to become more financially stable.

What are the factors that affect spousal support in Pennsylvania?

Some of these factors are listed below: • the ability of both partners to meet their needs independently. • the age, health, employment history, and earning potential of the spouse wanting support. • the financial resources of each spouse including medical and life insurance.

Does Pennsylvania have a time limit for permanent support?

Permanent Support- the state of Pennsylvania has no time limit for receiving maintenance. If the support is not rehabilitative, a spouse may receive permanent support all the way up to their death. A partner is usually awarded this type of maintenance in Pennsylvania if they have a mental or physical illness.

Does Pennsylvania have spousal support?

The state of Pennsylvania has very defined and strict guidelines for spousal maintenance. Spousal support in PA is calculated several different ways depending on the income of the partners, and variety of different factors can affect the total amount of received by a particular party.

3 attorney answers

The Pennsylvania Support Guidelines. must be applied to determine the proper amount of support. You should sit down with an experienced support attorney in your area, provide he or she will all the financial documents considered by the support court to calculate your order and listen to the attorney about how support is calculated.

Debra Rae Mehaffie

In addition to the questions already posed by my colleague, the date that the order for support is important. Typically you have 20 to 30 days after the support order is first issued to ask for a hearing in front of a judge. This hearing would be your "appeal" of the support order.

Tilman Paul Larson

I know this isn't the best answer, but more information is needed to answer this question competently. How was the spousal support amount determined? Were you present at the hearing when the determination was made? These are just a few of the questions that need to be addressed before a comprehensive answer to your question could be answered.

What is dependent support in Pennsylvania?

The first type, spousal support, is the support that the dependent spouse can expect to receive commencing on the date of separation and lasting until either party files a divorce complaint.

What is alimony in divorce?

The term alimony refers to that support which is paid once a divorce is finalized. Alimony is a secondary remedy to equitable distribution and is awarded at the discretion of a judge or upon agreement of the parties.

What is alimony pendente lite?

The next type of support is alimony pendente lite, which means alimony pending litigation. This type of support is effective from the date the divorce complaint is filed until a divorce decree has been entered and is calculated using the same formula used for spousal support.

Why is alimony awarded?

Oftentimes, alimony is awarded for rehabilitative purposes, such as to help the lower-earning spouse finish a degree or to give them adequate time to re-enter the work force and secure adequate employment. In very rare circumstances is the court inclined to award permanent alimony.

Can you file spousal support before divorce?

There also exists certain defenses to spousal support before a divorce complaint is filed, such as when the obligee conducts him or herself in such a way that would constitute grounds for a fault based divorce, such as by committing adultery.

What is Spousal Abuse in Pennsylvania?

Spousal abuse is defined through Pennsylvania's Protection From Abuse Act. While this law specifically outlines the process for receiving protection from one's abuser, it also outlines what is and is not domestic abuse, and who can be considered a victim of domestic abuse instead of a victim of a crime. In particular what this law does is define a group of "household members" and outlaws any acts of violence from them towards another. These acts are prosecutable, and if the protected party obtains a PFA order, further criminal charges may be included.

How does domestic abuse affect family law?

How Domestic Abuse Charges Can Affect Family Law. When a person is facing domestic abuse charges, matters of family law they are involved with will be affected as well. Spousal abuse charges can result in a Protection From Abuse order being filed, which can result in the denial of custody.

What is domestic abuse?

Causing a person to fear immediate and serious bodily injury. Engaging in conduct that repeatedly places a person under fear of bodily injury or harm. These actions, when directed at a spouse or child, are forms of domestic abuse. Although the law does take a firmer stance on child abuse, spousal abuse is also met with grave punishments ...

What is the protection from abuse act?

Protection From Abuse For Spouses. The Protection From Abuse Act outlines specific "household members" that can be the sources of abuse. Household members include a person's current or former spouse, current or former intimate partner, immediate family, extended family, or someone with whom a child is shared.

Is spousal abuse a crime?

Although the law does take a firmer stance on child abuse, spousal abuse is also met with grave punishments when an offender is convicted. Spousal abuse is defined through the criminal statutes for the respective crimes committed against the spouse, with higher penalties for conviction.

What can a lawyer do to help with alimony?

A lawyer skilled in dealing with marital property can help a client fight alimony that may appear to be an unfair award to the receiving spouse. The final decision should consider the rights of both parties and represent a fair and affordable payment and retaining a good lawyer increases the chance of this outcome.

What is alimony in divorce?

Alimony is a payment from one spouse to the other, negotiated or imposed by a court, when one spouse is unfairly financially affected by the divorce. Alimony may be paid in a lump sum or via monthly installments for a temporary or open-ended period.

Does alimony have to be paid in divorce?

Not every divorce needs to involve alimony. Alimony is usually awarded only when one spouse cannot meet his or her living expenses currently or in the future. If the other spouse can afford to make up for the shortfall, alimony may be granted.

Is alimony tax deductible?

Payments may be tax-deductible for payers. However, a tax deduction may not be enough to make this payment acceptable to a paying spouse. Several factors are considered when determining the amount of alimony and courts have discretionary power when making this decision.

Can a spouse fight alimony?

This is the most common way that a spouse can fight alimony – when another spouse lies about their married standard of living. When a spouse is required to pay alimony that he or she believes is unfair, an attorney can request reconsideration by the court.