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 Calculator In Pa In New York
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In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.
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).
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
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).
Alimony Pendente Lite The purpose of APL is to help the lower-income spouse finance his or her living and legal expenses through the divorce. In Pennsylvania, the average divorce takes about two years to litigate. Therefore, if your divorce is average, you can expect that APL will last for about two years.
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.
In Pennsylvania, the courts may award permanent alimony when a recipient spouse is unable to become financially independent due to age, disability or lack of job qualifications. Judges consider 17 factors set out by law and have discretion in setting an appropriate amount and duration for payments.
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).
There is no fixed formula for Pennsylvania alimony. Instead, the Pennsylvania Legislature has creates a list of 17 criteria that the courts must consider when awarding alimony. These criteria include your income and assets, your financial needs, and your spouse's income and assets and financial needs.
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.