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SPOUSAL
SUPPORT (PENNSYLVANIA
LAW) SPOUSES: IS
THERE A LEGAL DUTY TO FINANCIALLY SUPPORT EACH OTHER? Every spouse owes a duty of support to the other
and as long as they are legally married a court has the power to enter a support
order. The amount of support is determined by considering the income of each
spouse, their earning capabilities, assets and needs.
Statewide support guidelines establish a presumptive amount of support
based upon these factors, with primary emphasis placed on income. A copy of
these guidelines is available at the domestic relations office at your county
courthouse. CAN I
OBTAIN FINANCIAL SUPPORT? Under the Divorce Code, a dependent spouse may be
able to collect temporary alimony while divorce proceedings are in progress.
Statewide guidelines establish a presumptive amount of support. A spouse may
also be given an award of post-divorce alimony if the court finds that economic
necessity exists. In determining the amount of alimony and the length of time it
is to be paid after a divorce, the court considers such factors as age, health,
standard of living during the marriage, relative earnings, the contribution by a
party to the increased earning power of the other or as a homemaker, and the
custody of minor children. HOW DO I OBTAIN
SUPPORT? A person seeking support may file a complaint for
support in the domestic relations section of the trial court for a minimal
charge. A conference will be held with a hearing officer at which both parties
will be required to disclose their income and expenses. An attempt will be made
by the hearing officer to have the parties reach an agreement as to the amount
of support. If an agreement cannot be reached, the hearing officer with submit a
recommendation to the court as to the nature and amount of support that should
be awarded. The court will enter an order of support based on that
recommendation. If either party is not satisfied with the court order, that
party may demand a hearing before the court at which the order could be
modified. When both parties exhaust their appeal rights, the support amount will
become a final, enforceable court order. CAN
A FINAL SUPPORT ORDER BE CHANGED? Either party may seek an increase or reduction in
the amount of support in the final order if it can be shown that a “substantial change of circumstances” has taken place since the
order was entered by the court. An increase or decrease in earnings by one
spouse or the needs (special medical) of children are examples of substantial
changes in circumstances. HOW
ARE SUPPORT ORDERS ENFORCED? If a person who is ordered to pay support willfully
fails to do so, the support money can be automatically deducted from wages
without the permission of the defaulting party. In addition, a judgment may be
entered by the court against that person for the total amount of support that
has not been paid in the past requiring that person to pay all that is owed.
Failure to obey a court support order could also result in a term of
imprisonment. WHAT
IF THE PARTY PAYING SUPPORT LEAVES THE STATE? Support orders entered into one state will be
enforced in other states which have adopted a reciprocal support law. The
Uniform Interstate Family Support Act has been adopted in Pennsylvania. If the
whereabouts of the party who is paying support are unknown, the federal
government can provide assistance to the court in locating the missing party.
Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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