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Calculating Spousal Support 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).
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 you have no children, you may receive 40 percent of the difference between your income and your spouse's higher income. If you have dependent children, you must subtract child support from the difference. You will receive 30 percent of the difference between your income and your spouse's income minus child support.
Spousal support is calculated ing to a formula specified in Rule 1910.16-4 of the Pennsylvania code. The formula for spousal support in PA is determined by subtracting 40 percent of the lower-earning spouse's monthly after-tax net income from 33 percent of the higher-earning spouse's monthly after-tax net income.
Both forms of support are critical in ensuring a fair and equitable resolution following a separation or divorce. There exist two distinct types of spousal support: compensatory and non-compensatory.
The simplest way to initiate spousal support is by way of a separation agreement under the guidance of a family lawyer. Lawyers use specialized software to calculate spousal support obligations that contemplate both current and future need.
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.
Without Child Support Formula The amount of support ranges from 1.5 to 2 per cent of the difference between the spouses' gross income amounts for each year of marriage or cohabitation, up to a maximum of 50 percent, (where 50 percent represents an equalization in income).
The simplest way to initiate spousal support is by way of a separation agreement under the guidance of a family lawyer. Lawyers use specialized software to calculate spousal support obligations that contemplate both current and future need.