There is no way I can answer “yes” or “no” to a question like that without knowing much more about your situation than I can learn in a forum like this one. Before you start writing out your marital settlement agreement, even in a cheap uncontested divorce, you may have a few questions about alimony as it pertains to the state of Pennsylvania.The number one question has been does alimony exist in the state of Pennsylvania.The quick answer is yes. Jeddeloh Snyder PA, is an established St Cloud MN law firm. Payment of support, alimony and alimony pendente lite. In determining the appropriateness of including alimony in gross income, the trier-of-fact shall consider whether the party receiving the alimony must include the amount received as gross income when filing his or her federal income taxes. Stat. The Pennsylvania Code website reflects the Pennsylvania Code
Therefore, Mothers and Grandmothers combined monthly net incomes total $3,300. The lower of the two calculated amounts shall be the obligors basic child support obligation. 1910.16-2(b)(2)(i) or (ii). Mother has varying partial or shared custody of the two children (40% and 50%). If either party to a support action is a foster parent and/or is receiving payments from a public or private agency for the care of a child who is not his or her biological or adoptive child, those payments shall not be included in the income of the foster parent or other caretaker for purposes of calculating child support for the foster parents or other caretakers biological or adoptive child. After a separation and divorce, men who are eligible for spousal support, alimony pendente lite and alimony may use it to improve their earning … 6315; amended September 27, 2005, effective four months from date of this order, 35 Pa.B. The provisions of this Rule 1910.16-4 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. Alimony in Pennsylvania is not a myth; it does exist as a remedy in divorce that can be awarded by the court. I will say that yes, you can certainly claim alimony in PA without claiming child support, and you can claim spousal support without even filing for divorce. Pursuant to subdivision (c), Mother receives a reduction in the support order for substantial parenting time. This may be the case if a spouse has a large increase in income, or if they lose their job. The basic support amount at the $3,300 income level for two children is $1,115. (b) Treatment of Public Assistance, SSI Benefits, Social Security Payments to a Child Due to a Parents Death, Disability or Retirement and Foster Care Payments. When the obligors monthly net income or earning capacity falls into the shaded area of the schedule, the basic child support obligation can be derived directly from the schedule in Pa.R.C.P. These criteria include your income and assets, your financial needs, and your spouse’s income and assets and financial … • No statutes or acts will be found at this website. (2) Involuntary Reduction of, and Fluctuations in, Income. SCHEDULES SP. (4) Earning Capacity. The Divorce Code in Pennsylvania (23 Pa. C.S. Please direct comments or questions to, Conversion to Monthly Net Income (if pay period is other than monthly), Obligors child support, spousal support, alimony, Obligors Net Income available for spousal support or alimony, Obligors Net Income percentage for spousal support or alimony, Obligors proportionate share of spousal support or alimony, Obligees Net Income percentage for spousal support or alimony, Obligees proportionate share of spousal support or alimony, Preliminary Monthly Spousal Support or Alimony, Adjustments for Part E Additional Expenses (. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average. The trier-of-fact may order all or part of the lump sum award escrowed to secure the support obligation during that period. The obligor has monthly net income of $1,500, which falls into the shaded area of the schedule for two children. Application of lines 11a and 11b of the Part II formula results in a 20% reduction in support when the obligor has 50% custody of the children. Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate. Two children live with Grandmother who receives $800 per month in Social Security death benefits for the children as a result of Fathers death. 1910.16-3. 1910.16-4. (B) If the obligee receives the childs benefit, the trier-of-fact shall deduct the childs benefit from the basic support obligation of the party whose retirement or disability created the childs benefit. 1910.16-3 and the increase in the Self-Support Reserve (SSR). 1910.16-6. Even if Mr. Petrelli was unavailable to assist me, his associate was there to answer my questions. (4) The final support amount is the difference calculated in (1) and (3). 1123; amended February 9, 2018, effective April 1, 2018, 48 Pa.B. Rule 1910.16-4. The calculation is a five-step process: (1) Calculate the custodial parents spousal support or alimony pendente lite obligation to the non-custodial parent based on the parties monthly net incomes using the without dependent children formula in either Pa.R.C.P. However, because the obligors disability created the childrens Social Security derivative benefits that the obligee is receiving, the obligors obligation is reduced by the amount of the benefit, $700. Add the childrens benefit to the obligees income, which now is $2,200 per month. Grandmother seeks support from the childrens mother, who earns $2,000 net per month. The basic support schedule incorporates an assumption that the children spend 30% of the time with the obligor and that the obligor makes direct expenditures on their behalf during that time. 6162; amended October 27, 2000, effective immediately, 30 Pa.B. CLAIMING DEPENDENTS ON SEPARATE PA. Fathers income is 33% of the parties combined monthly net income, and the support obligation for the child living with Mother is $353. The trier-of-fact determines the most appropriate method for imputing lump-sum awards as income for purposes of establishing or modifying the partys support obligation. (IV) apportion the basic child support amount between the parties based on the partys percentage of the combined monthly net income. If the obligor and the obligee have monthly net incomes of $3,000 and $2,500, respectively, then their combined child support obligation for two children is $1,463. Ann. No. Example 1. 1910.16-2(b)), Adjusted Monthly Basic Child Support Obligation (line 22 minus line 23if the result is less than zero, enter a zero on line 24), Percentage of time obligor spends with children (divide number of overnights with the obligor by 365 and multiply by 100), Obligors Adjusted Percentage Share of the Basic Monthly Support Obligation (line 21 minus line 25c), Obligors Preliminary Adjusted Basic Monthly Support Obligation (line 20 multiplied by line 25d), Further adjustment, if necessary under subdivision (c)(2), Obligors Adjusted Basic Child Support Amount, Obligors Share of Health Insurance Premium (if the obligee is paying the premium), Obligees Share of the Health Insurance Premium (if the obligor is paying the premium), Obligors Share of Unreimbursed Medical Expenses, Total Additional Expenses (add lines 26a, b, d, and e, then subtract line 26c), Obligors Total Monthly Support Obligation (line 24 or 25g plus line 26f, if applicable). Subdivision (d) relates to the calculation of support in divided or split custody cases. The SSR is intended to assure that obligors with low incomes retain sufficient income to meet their basic needs and to maintain the incentive to continue employment. Tenn And Tenn. P.A. 7091; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. Spousal support (a.k.a., alimony) orders are generally modifiable, which means they can be be changed and even ended. 1646; amended October 27, 2000, effective immediately, 30 Pa.B. See subdivision (2) for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite in which the amendments to the Internal Revenue Code made by Tax Cuts and Jobs Act of 2017 (Pub.L. The length of alimony depends on several various factors. Subtracting $353 from $1,020 produces a net basic support amount of $667 payable to Father as child support. Pennsylvania courts do not use strict formulas for calculating alimony payments and duration of the payments. 930; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. § 4322. What Is Alimony? Bar to alimony. Since the SSR already reduces support to a minimal level, a further reduction should not be given for the amount of time spent with the children. Calculating Spousal Support in PA. No. 4. In Pennsylvania there are three different types of support: spousal support, alimony pendente lite (APL), and alimony. Under the PA alimony statute (23 Pa Cons. In short, these factors boil down to examining: Each party’s finances; The ability for each party to support themselves; The length of the marriage; The standard of living the parties are used to; … As the obligors income is 48% of the parties combined monthly net income, the obligors preliminary share of the basic support obligation is $624. Her husband after divorce 390533 ) to ( 390537 ) sure we are on the partys of. 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