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#1
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Spousal Support. Do I have to pay?What is the name of your state? pennsylvania my wife and i are currently separated and have been for nearly two years. i am a blue collar guy who works for 9 dollars an hour. we have 2 children who currently reside with a third party, that i pay 450 dollars a month to support. recently, my wife decided she would file for spousal support out of spite for "emotional stress" i caused her in the midst of our separation which causedc her to attempt suicide. this woman makes as much money as i do, and pays less support for our children than i do, i am worried as to whether or not i will have to pay her support as well. i can scarcely afford to support myself...please help! |
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#2
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| [url]http://www.padivorceonline.com/papages/Alimony/alimony.asp[/url] Alimony is payment made by one party to the other after the divorce, either by court order or by mutual agreement. This type of post-divorce payment is also sometimes referred to as maintenance. Until 1980, there were no provisions under Pennsylvania law for alimony. The Divorce Code of 1980 provides that the court may allow alimony to either party "only if it finds that alimony is necessary." Under Pennsylvania law, married people are financially responsible for each other — the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesn't stop simply because the couple separates. Once the parties file for a mutual-consent no-fault divorce, they must wait at least 90 days and often significantly longer before the final Decree in Divorce is granted. During this period, an agreement on support payments may be appropriate if the parties are separated. Alimony in Pennsylvania is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Pennsylvania is either "rehabilitative" or "permanent" . Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet. Alimony is awarded to enable the other spouse to go back to school or to acquire needed skills that would enable the spouse to be competitive in the job market. Usually a spouse who has chosen the role of becoming a homemaker and raising children has not been able to develop the skills necessary for productive and gainful employment. "Permanent alimony" continues for a long period of time, possibly until the death of the party receiving the alimony and is usually awarded when one of the parties is unable to work due to age physical or mental illness. See the above site for additional information |
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#3
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| Alimony Pendente Lite (spousal support & maintenance pending litigation) was created for spouses who get separated and is usually granted immediately following the filing of the divorce petition (when APL is filed for) and awarded on a temporary basis until the divorce is final. It was created to help the spouse maintain the life in which they were accustomed to during the marriage.
__________________ "Remember, if you ever need a helping hand, you'll find one at the end of your arm." ~ Sam Levenson |
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#4
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Re: Spousal Support. Do I have to pay?Quote:
Also, if this is currently the situation, it is unlikely that your spouse would even be awarded APL because it is based on both incomes. If there were a big disparity between your income and your spouse's, only the difference of the two incomes would be considered for APL award, at which time it would be given to the spouse in order to continue the standard life in which they were accustomed to during the marriage. Your separation occurred 2 years ago, which could factor in as well.
__________________ "Remember, if you ever need a helping hand, you'll find one at the end of your arm." ~ Sam Levenson |
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