Joseph A. Malley III Esquire P.C.

Divorce

“This may be your first divorce, but it’s not ours.”

Spousal support is the court ordered financial support of a spouse or ex-spouse.
Spousal support may also be referred to as “alimony” or “maintenance”.

Spousal support allows the dependent spouse to receive payments for his/her day-to-day necessities, such as food, clothing, shelter, and health insurance. In the state of Pennsylvania, certain individuals may be entitled to receive spousal support. If a person thinks that he/she may be eligible to receive spousal support, he/she should obtain the services of Joseph Malley, a skilled family law attorney who has handled prior spousal support matters.

Whether a Party Is Entitled To Spousal Support Depends Upon:

1. Whether a party can meet their reasonable needs through appropriate employment.
2. Whether a party has other property to help them meet their reasonable needs.
3. Whether a party is disabled and unable to work.
4. Whether a party has young children and should be allowed to stay home or work part time.
5. Whether one of the parties contributed to the educational or career opportunities of the other spouse.
6. Whether the parties had a long marriage, and whether the requesting party is of an age which may preclude the possibility of obtaining adequate employment.

How Much Spousal Support And How Long Depends Upon:

1. The standard of living during marriage.
2. How long the parties were married.
3. The age, employment history, earning ability, physical and emotional condition of the parties.
4. Whether the other party can pay spousal maintenance and still meet his or her own reasonable needs.
5. Whether one of the parties makes more money or has more property than the other party.
6. Whether one of the parties contributed toward the other spouse’s career opportunities.
7. Whether one of the parties sacrificed his or her own income or career opportunities for the benefit of the other spouse.
8. The time necessary to acquire sufficient education or training to obtain appropriate employment, and whether this is possible.
9. Whether one of the parties wasted or hid community assets or property.

Child support is court ordered funds that must be paid by the non-custodial parent to the custodial parent for the support of the child.

In Pennsylvania, child support law oversees each parent’s financial responsibility to his/her child. Parents are responsible for their child’s day-to-day necessities, and may be required to pay child support if they do not have sole custody of their child. Child support payments are made until the child turns 18 years of age. These payments cover things such as the child’s food, shelter, clothing, education, and health.

If one parent has custody of his/her child, and he/she believes that he/she may be entitled to child support, the best thing he/she can do is to consult with a reputable family law attorney. A matrimonial lawyer that has handled prior child support cases can evaluate the circumstances surrounding the person’s custody arrangement and help the person file for child support in the Pennsylvania courts.

Child Support Determining Factors

Pennsylvania uses several determining factors before rewarding child support to a parent. The factors the court will consider when calculating a child support award amount include:

• each parent’s monthly gross income
• the current custody arrangement
• insurance premiums paid by the non-custodial and custodial parent
• monthly child support paid by the non-custodial parent for other children

Special Areas of Family Law

Annulment
An annulment of your purported marriage differs from a divorce in that it determines that it never occurred, allowing you to state that you were never married. You may qualify for an annulment if you and your spouse never resided together or consummated the marriage or under certain other circumstances that render a purported marriage void.

Paternity
A paternity action must be filed to establish a father’s paternity of a child born out of wedlock and to determine a mother and father’s respective rights and obligations regarding their child including child support, custody and visitation.

Relocation
A parent may request the court’s permission to move out of town or out of Pennsylvania with a minor child or request a court order preventing such a move.

Modifications
After a divorce or paternity final judgment is granted, either parent may request a change of custody, visitation, child support or other issues affecting his or her children. Former spouses may increase, decrease or terminate alimony obligations ordered in their divorce.

Enforcement
Any obligation ordered by the court in a final judgment of divorce or paternity may be enforced by court action.

Restraining Orders
1.TYING UP ASSETS.
Prohibits the sale or mortgaging of property, taking money out of an account, or dissipating assets.
2. PREVENTING RELOCATION.
An order prohibiting relocation of a minor child.
3. NO OVERNIGHT VISITATION.
Prohibits overnight visitation temporarily or permanently.
4. NO “FRIEND” IN HOUSE.
Prohibits the child from remaining in the mother’s or father’s house while in the presence of “a friend”.