This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. 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 Spouse Support With Child In Allegheny
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State:
Multi-State
County:
Allegheny
Control #:
US-00002BG-I
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FAQ
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.
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.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
The online request for support services can be used for new Complaints for Child Support, Spousal Support and/or Alimony Pendente Lite (APL), Petitions for Modification, Petitions for Recovery of Overpayment and Withdrawals of Complaint.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Pennsylvania judges have a lot of discretion when deciding how long an alimony award should last. The award can be for a definite or indefinite period of time—the main requirement is that it be "reasonable under the circumstances." (23 Pa.
Courts only award post-divorce alimony if necessary, i.e., the recipient spouse cannot financially support themselves. Alimony is referred to as a “secondary remedy” by the court, in that it is not automatic in every divorce.
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.
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).