McMahon, McMahon & Lentz - Support
Montgomery County Women's Journal 32 October/November 2011
Support Laws
By: Erin C. Lentz, Esquire
Every case is different, so you should consult an attorney to learn how the law applies
to your situation. There are various types of Support that can be sought in Pennsylvania.
Clients often ask, "How much money will I be able to get for Support?"
It is important to of Support that can be sought, the duration of such an award,
and if there are any deviations or defenses that can result in a reduction in the
amount or complete denial to a Support award. You should consult an attorney to fully
understand the Support laws and how they apply to your situation. This article will
highlight information relating to Child Support, Spousal Support, Alimony Pendente
Lite ("APL"), and Alimony.
Child Support
Generally, a parent is liable for the support of any child who is under the age of
eighteen and not considered by law to be emancipated. Our state legislature has
not defined when a child should be considered emancipated. However, our courts have
determined that a child who is eighteen years of age and graduated from high school
should be considered emancipated. Nevertheless, emancipation may never occur when
an adult child is mentally or physically disabled to the extent that he or she cannot
care for himself or herself. The critical inquiry is whether the adult child can
engage in profitable employment at a supporting wage.
The amount of Child Support, as well as Spousal Support/ APL, is determined by statewide
guidelines that are based on the reasonable needs of the child or spouse seeking
support, and the ability of the person paying support. Primary emphasis is placed
on the net incomes and earning capacities of the parties, with allowable deviations
for unusual needs, extraordinary expenses, and other statutory factors.
The guideline amount for support is presumed to be the correct amount of support.
Although, courts can deviate from the guideline amount by making a finding that the
award would be unjust or inappropriate in a particular case.
Spousal Support/ Alimony Pendente Lite (APL)
If you are married and physically or financially separated from your spouse, you
can seek Spousal Support. Spousal Support is different from Alimony Pendente Lite
"(APL"), as it can be granted without the necessity of a divorce action
being filed wtih the court.
In addition, there are limitations on who can seek Spousal Support. A spouse who
has committed any of the fault grounds for divorce can be denied Spousal Support.
Also, a spouse seeking Spousal Support must have an adequate legal cause for the
separation when he or she voluntarily leaves the marital residence. Spousal Support
will continue until a divorce action is filed, at which time the award will be considered
APL provided that there are pending economic claims. APL will terminate when the
divorce decree is issued.
Alimony
Alimony can only be received by a former spouse after the entry of a divorce decree.
Unlike Spousal Support and APL, the Court must consider seventeen statutory factors
when determining if alimony is necessary and its duration. The factors are as follows:
- Relative earnings and earning capacities of the parties.
- Ages and the physical, mental and emotional conditions of the parties.
- Sources of income of both parties, including, but not limited to, medical, retirement,
insurance or other benefits.
- Expectancies and inheritances of the parties.
- Duration of the marriage.
- Contribution by one party to the education, training or increased earning power
of the other party.
- 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.
- Standard of living established during the marriage.
- 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.
- Relative assets and liabilities of the parties.
- Property brought to the marriage by either party.
- Contribution of a spouse as homemaker.
- Relative needs of the parties.
- Marital misconduct of either of the parties during the marriage. 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.
- Tax ramifications of the award.
- Whether the party seeking alimony lacks sufficient property, including but not
limited to, property distributed through Equitable Distribution, to provide for the
party's reasonable needs.
- Whether the party seeking alimony is incapable of self support through appropriate
employment.
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