This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Spouse Support Form For Ny State In Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-00003BG-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).
In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.
A parent, caretaker/custodian, spouse, or attorney may request support services (file a Complaint for Support) electronically through the Pennsylvania Child Support Website by selecting the "Request Support Services" button.
Spousal Support (Alimony) in Pennsylvania Once all financial issues are resolved and your divorce becomes final, you will become eligible for alimony. The amount of alimony you are entitled to will become part of your divorce decree.
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.
Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient.
Spousal maintenance is normally durational that is, it has a set duration, normally long enough for the payee spouse to become self-sufficient. However, there are cases, given age, health and inability to support themselves, that the payee may be awarded nondurational or permanent alimony.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.