Alimony With Child Support In Philadelphia
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FAQ
Adultery and bad behavior One major factor that can prevent a spouse from receiving alimony is bad behavior, like infidelity. If a spouse cheats during the marriage, the court might deny alimony. Pennsylvania law looks at both spouses' behavior when deciding on alimony.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
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.
Unlike child support orders, in Pennsylvania there is no set formula for determining how much alimony someone receives. Factors the court considers include: The income and earning capacity of both parties. Assets and debts of each party.
Spousal support is requested by the lower income spouse before the divorce is initiated. This means you can request spousal support if you've left an abusive situation or if your spouse has moved out. However, your spousal support claim can be denied if you have provided grounds for divorce.
Alimony is ordered when one spouse cannot meet their own reasonable needs. Once a divorce decree is finalized and all property is equitably distributed, financial support is known as alimony in Pennsylvania. The amount and duration of alimony are based on consideration of a wide variety of factors, including income.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
