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Pa. Spousal support? she lives with someone now, can i lower payments for ss.?

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jimmyjames

Junior Member
What is the name of your state (only U.S. law)? Pa.
my ex ad i went through domestics for cs and spousal support. if she moves in with her boyfriend does my support get lowered or stopped.?
also why is my payments based on overtime?
 


justalayman

Senior Member
my ex ad i went through domestics for cs and spousal support. if she moves in with her boyfriend does my support get lowered or stopped.?
to the child support, no. To the spousal support, read your order.


also why is my payments based on overtime?
It is based on your usual income. If you usually have overtime, that is your usual income.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Pa.
my ex ad i went through domestics for cs and spousal support. if she moves in with her boyfriend does my support get lowered or stopped.?
also why is my payments based on overtime?
Child support will no more be reduced because the mother has a live in than it would increase if you had/have a live in.

As far as effecting “spousal support”, like Justalayman says, it will depend on the order by which it was granted.

But are we talking about spousal support as a temporary order pending the divorce, or did the domestic court award her post-divorce alimony - fixed term or nonfixed - because it found it reasonable and necessary under the applicable statutory law? 23 PaCSA 3701

And if so, what conditions and/or circumstances * did the court find that prompted it to award alimony? It is not an automatic thing.

It may be that her current situation may have alleviated her need for alimony. As a general, unless they are made to level an unequal division of marital property, such orders are not set in stone. So best that you consult with a family law attorney, which if you had done timely, you might not be in her asking the question.
________________________________

[SUB][*]To determine if alimony is reasonable and necessary the Court looks at the following 17 factors:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party.
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.[/SUB]
 

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