Individuals can have support obligations to their dependent children who are under the age of eighteen or to their spouse. These support obligations may require the person who has to pay (called the obligor) to make payments to the person to whom support is to be paid (called the oblige). Support obligations could also include an obligation to provide health, dental and vision insurance for the other party or estranged spouse and/or an obligation to make payment toward any health, dental or vision bills that are not covered by insurance. Most of the time, the Domestic Relations Office of each county handles collecting and enforcement of support Orders.
Every parent has an obligation to provide support for their biological children who are under the age of eighteen, unless there are extenuating health reasons that prevent the parent from working and being liable for support. There is a complicated math formula that the Domestic Relations Office uses to determine what the support obligations will be. Things that are considered by the math formula are the income of both parties, which party pays for the insurance for the children and whether there are any child care expenses. The math formula does not consider other bills that either party has or the ability of the parent to pay. If a party is capable of working but is unemployed, the Domestic Relations Office can assign an earning capacity for the unemployed parent. That means that for purposes of the formula, they can use the income of what the parent has the ability to make instead of what they are actually making. Please contact our office at (717) 761-1274 or 1(866)-596-9384 to set up a low-cost initial consultation to discuss how you can obtain a child support order that you can use to support your children.
Spousal Support and Alimony Pendente Lite
Spousal support and alimony pendente lite are support that one spouse may be liable to pay to the other spouse while the divorce is pending. An individual’s support obligation is figured by using the amount of money that the higher earning spouse makes per month and subtracting from that amount the amount of money that the lower earning spouse makes per month. This difference is then multiplied by 30% if the parties have children under the age of eighteen and by 40% if the parties do not have children under the age of eighteen. The amount of money that a house is paying on the mortgage to the marital property and toward the health, dental or vision coverage of the other party are also factored into the formula.
There can be entitlement defenses to spousal support. That means that a party who has committed adultery or abandoned the other party cannot seek spousal support from the party they cheated on or abandoned. However, there are no entitlement defenses to alimony pendente lite. The laws on spousal support and alimony pendente lite are very complex. You should seek assistance from the experienced attorneys at Coover & Scheidemann, P.C. in obtaining the maximum support Order from your estranged spouse that you can obtain. Please contact our office at (717) 761-1274 or 1(866)-596-9384 to set up a low-cost initial consultation to discuss how you can obtain the maximum amount of support available to you under the law from your estranged spouse.
Alimony is the term for support after the divorce is finalized. The math formula that is used to figure out what a spouse’s support obligations under spousal support or alimony pendente lite are is used to determine how much alimony should be. However, it is left to the Court’s discretion to determine how long after the divorce that alimony should last. Some of the figures that are used to determine how long alimony should last include:
- The background, education and experience and ability of each of the parties to make money in the future;
- The age of the parties;
- The length of the marriage;
- Whether one of the parties supported the other party while they obtained educations or degrees that allowed the other spouse to obtain a job that allows them to make more money;
- The health of the parties;
- What resources each of the parties has at their disposal;
- The ability of each of the parties to make money in the future;
- Whether one of the parties has cheated on the other party or abandoned the other party.
- The other assets available to each party;
- Any other factor that the Court deems to be important.
A hearing on alimony can have a substantial financial impact on you, whether you are the person receiving support or the person paying support. You should seek assistance from the experienced attorneys at Coover & Scheidemann, P.C. in addressing your claim for alimony. Please contact our office at (717) 761-1274 or 1(866)-596-9384 to set up a low-cost initial consultation to discuss how you can obtain the maximum amount of support available to you under the law from your estranged spouse.