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 Pennsylvania
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US-00004BG-I
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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.
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.
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.
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 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).
For Couples Without Minor Children, Take 33% of the Higher-Earning Spouse's Monthly Net Income and Subtract 40% of the Lower-Earning Spouse's Monthly Net Income. The Difference is the Monthly Amount of Spousal Support or Alimony Pendente Lite.
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.