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 Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
§ 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.
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.
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 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.
If the check must be payable to the custodial parent, please include the SDU as the co-payee. For example, please make the check payable to “custodial parent and/or the state SDU.” Sending payments electronically to state SDUs is another way to ensure payments arrive quickly and safely.
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.
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.
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.
To qualify for post divorce alimony award in Pennsylvania, a person must demonstrate a financial need. The amount and duration of alimony payments will depend on several factors, including the length of the marriage, the income and earning capacity of each spouse, and their standard of living during the marriage.
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).