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 With Child Support In Philadelphia
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Multi-State
County:
Philadelphia
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US-00004BG-I
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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).
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If you are considering filing for child or spousal support, it is crucial to have representation from the beginning of the process. Tuesday and Thursday from a.m.Contrary to Pennsylvania folklore, Pennsylvania IS an alimony state. With respect to alimony, support, and child support, Pennsylvania divorce law treats men and women similarly when they are in similar situations. Child support in Pennsylvania is based on statewide guidelines. Those guidelines consider the relative incomes or earning capacities of each party. Either spouse can request alimony in a Pennsylvania divorce proceeding. How Is Alimony Calculated in Pennsylvania? You will receive 30 percent of the difference between your income and your spouse's income minus child support. Pennsylvania courts do not use a specific formula to calculate alimony payments as they do with child support payments.