This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony And Child Support In Virginia In Pennsylvania
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In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
If the noncustodial parent lives in another state, Pennsylvania and the other state are required by law to cooperate in enforcement of the child support obligation.
Alimony may be terminated when the person receiving support remarries, enters into another relationship similar to a marriage or passes away. Courts may also review and modify an order if either person's financial circumstances change.
§ 3701 (2022).) Usually, a judge will award alimony when one spouse isn't able to support themselves through employment and the paying spouse is able to make the payments.
The 17 Alimony Factors in Pennsylvania Relative earning capacity of each spouse. Age, physical and mental health of each spouse. Sources of income of each spouse. Inheritances of each spouse. Marriage length. Contribution to spouse's education. Children: whether earning capacity of the custodial parent is affected.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Alimony calculations are governed under 231 Pa. Code § 1910.16-4 and are calculated by subtracting 40% of the lower-earning spouse's monthly net income after taxes from 33% of the higher-earning spouse's net income after taxes.
For Couples Without Minor Children, Take 33% of the Higher-Earning Spouse's Monthly Net Income and Subtract 40% of the Lower-Earning Spouse's Monthly Net Income. The Difference is the Monthly Amount of Spousal Support or Alimony Pendente Lite.