alimony question

[mac105]

spousal support (not alimony) question

What is the name of your state? PA
mac105 said I could ask a question on this site. I have been involved in a nasty divorce for about a year. My soon to be exhusband is, through his own actions, exposing all the bad sides of himself that I have lived with for 20 years: other women, YOUNG women, alcohol for minors. He has been warned by his attorney to clean up his behavior. I re-met an old friend and we began dating about 2 months ago. One evening things went a bit far and we had sex. Several days ago, one of my grown children asked me if I had ever had sex with this man and b/c we have always been close and she is grown, I said yes, once. she went to her Dad and her Dad called his attorney. The attorney then called our daughter in to discuss what I had told her, which was simply a 'yes', not a desciptive thing! His attoney told her that I will lose my spousal support for having sex with this man. Yet my soon to be ex flaunts young girls in the face of the neighbors and nothing more is said to him. is there some law on the books that says b/c I filed for divorce, that if I DO have sex with a man, I will lose the spousal support? I have already told my attorney that I don't want the money after the divorce b/c our bills will be settled by the sale of our home. It's just these next few months of getting through I am worried about. Thank you in advance for your help. LSC

 

[bulldogg70]

Sounds more like a bluff to me, you had sex after being seperated and on your own, yeah, tell them, "good luck" on that one.

 

[mac105]

From mac105's friend

Thank you for your response, bulldogg70. I will be glad when this is all over. Have a good day, and again, thank you.

 

[bulldogg70]

If, after you read the statute and you have a question, reference us to the section in the statute that you found supports yours or his claim then post it.

 

[BelizeBreeze]

CHAPTER 37 ALIMONY AND SUPPORT -- Section 3701 -Alimony

(b) Factors relevant.-In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:


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. As used in this paragraph, the term "marital misconduct" shall include, but is not limited to, the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).

Section 3701, Pennsylvania Statutes, lists factors relevant to determining whether alimony is necessary and to determining the nature, amount, duration, and manner of payment.5 Once the threshold determination that alimony is necessary is made in a particular case, §4322, Pennsylvania Statutes, provides that child and spousal support during the pendency of the dissolution shall be awarded pursuant to a statewide guideline, “so persons similarly situated shall be treated similarly.”

The statutory guideline is based on the reasonable needs of the child or spouse seeking support and the ability to pay of the supporting spouse. The guideline emphasizes net incomes and earning capacities of the parties with allowances for special circumstances that warrant deviation from the guidelines. The philosophy underlying the guidelines is that support should be income based. When the guidelines are applied to the incomes of the parties, the result should determine the reasonable needs of the dependent spouse and the ability to pay of the supporting spouse.

Under Pennsylvania law, the amount of support to be awarded is determined under Rules 1910.11 and 1910.12, which provide the procedure to follow to ascertain the guideline amount. The Pennsylvania rules of procedure setting forth the formulas to calculate spousal support may be found on page 88.

Deviations from guideline support are allowed when the trier of fact specifies in writing the guideline amount of support and the reasons for, and findings to, justify the amount of the deviation. The guidelines direct the trial court to calculate spousal support according to the formula in Rule 1910.16-4 and to deviate from the result if any of the factors provided in Rule 1910.16-5 apply.’

In Mascaro v. Mascaro, 803 A.2d 1186, 1191 (Pa. 2002), the Pennsylvania Supreme Court noted that determining spousal support based upon the parties’ net incomes and obligor’s other support obligations “treats similarly situated persons similarly, which is the goal expressed in §4322 of the Divorce Code.” The court also noted that allowing for deviations prevents the “goal of uniformity from leading to an unnecessarily harsh result where findings of fact justify the amount of the deviation.”