Pennsylvania Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State

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Multi-State
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US-00833BG
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This form is a generic Petition to Enforce Duty to Pay Spousal Support.
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FAQ

Many people believe cheating will automatically disqualify a spouse from alimony payments. However, under Pennsylvania law, this is not the case. The state's Divorce Code outlines seventeen factors considered when determining whether to award alimony and how much should be paid.

The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.

Under Pennsylvania law, the following triggers terminate alimony: If your ex gets married again, then the alimony payments should stop. Living with a romantic partner bars their ability to receive alimony. See 23 P.C.S.A. ... If your ex dies, then you should not be paying alimony.

Under Pennsylvania law (§4321(1)), spouses are required to support each other based on their ?respective abilities to provide support?. Stated more clearly, a person who is financially dependent on their spouse can obtain pre-divorce spousal support if their income is lower than their spouse's income.

Spousal support in PA ends upon presentation and approval of divorce grounds. Those grounds provide an entitlement defense against a spousal support claim. So courts can deny spousal support if a spouse presents grounds for divorce, for example, abuse or adultery.

Alimony. (a) General rule. --Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.

Retroactive Effect - Support orders are usually made retroactive (go back) to the date that the support complaint is started. Credit may be given for voluntary payments made between the filing date and the date of the support order.

Spousal support in PA ends upon presentation and approval of divorce grounds. Those grounds provide an entitlement defense against a spousal support claim. So courts can deny spousal support if a spouse presents grounds for divorce, for example, abuse or adultery.

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Pennsylvania Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State