Divorce Attorney in Chester County

Support, Spousal Support and Alimony Pendente Lite

In Pennsylvania, Alimony Pendente Lite (APL), spousal support, and child support are determined by support guidelines. Although other factors may be taken into consideration, the primary method of determining support is by the use of state guidelines. The support guidelines consist of charts based on the net income of the parties and the number of children.

For purposes of determining support, net means gross pay less federal, state, local and social security taxes, mandatory retirement plans, and mandatory union dues. It does not include such things as voluntary pension plan contributions, credit union deposits and loan payments, charities, etc. The net figures are then used on the chart to determine the amount of support for the children (and spouse, if applicable).

The parties will also be required to arrange for the children to be covered by the health insurance, if available. In addition to support, the obligor (paying parent) will be required to pay a portion of the uninsured medical and dental expenses of the children. The obligor will also be required to pay a portion of child care expenses if the custodial parent works outside the home.

If the parties are unable to reach an agreement on an appropriate amount of support, the party seeking child or spousal support must file for support with the Domestic Relations Office (DRO). Approximately four weeks after the filing of a petition for support, a conference at the DRO will be held. The purpose of this conference is two-fold. The conference officer attempts to have the parties reach an agreement on support based on the wage information and support guidelines. If the parties cannot agree, the conference officer will list the case for a hearing. The conference officer also has the authority to enter a temporary support order based on the wage information. (By the time of the conference, the DRO usually has obtained wage information from each of the parties' employers.)

If a hearing is necessary, it will be held approximately four to six weeks after the conference. This is a more formal proceeding where the parties are required to "take the stand and testify" before a Hearing Officer or Special Master. A Hearing Officer or Special Master is an attorney appointed by the court to hear support and APL matters. A court reporter will also be in attendance, transcribing the testimony.

Should one party be dissatisfied with the recommendation of the Hearing Officer, he or she may file exceptions (an appeal). These exceptions will be heard by a judge. The judge will review the recommendations of the Hearing Officer and determine if any errors were made; the judge does not "re-hear" the case; the parties do not testify again.

After a Court Order is entered, the wages of the party owing support are attached, meaning the amount of the support is automatically taken from his/her paycheck by the employer, unless the party is self-employed or the parties agree otherwise. Kim Denise Morton, of Morton Family Law, LLC, is a dedicated Chester County divorce attorney. She can help guide you through these difficult decisions.

ENTITLEMENT

Entitlement is sometimes raised as an issue in spousal support. It is not an issue in APL. The law in Pennsylvania requires a spouse to be financially responsible for the financially dependent (lower wage earning) spouse - the dependent spouse will be "entitled" to spousal support in most cases.

There are, however, exceptions where the dependent spouse has done something that will make him/her no longer entitled to spousal support. For example, if the dependent spouse is involved in an adulterous relationship at the time of the separation, the dependent spouse may not be entitled to spousal support. This is just one example; there are other reasons why a dependent spouse may not be entitled to support and you should discuss this with an attorney. As a divorce attorney in Chester County, Kim Denise Morton offers a patient ear to your domestic matters and can offer you divorce advice on how to proceed.

NOTE: Even if a dependent spouse is found not to be entitled to spousal support, this will not affect a claim for child support. If entitlement will be an issue, a party may file for APL instead of spousal support. This option should also be discussed with an attorney.

EARNING CAPACITY

There are times when a party is not working to his/her full financial capability or not working at all. In these cases the Hearing Officer may attribute an "earning capacity" to that person based on what the Hearing Officer believes the party is capable of earning.

For instance, if a party had a degree as a registered nurse, but chose instead to work part-time for $7.00 an hour at a fast food restaurant, the Hearing Officer may use a higher salary at a full-time position when applying the guidelines to determine support.

NOTE: If a parent is not working (or working part-time) because he/she is caring for his/her young children, aging parents, etc, the Court may take that into consideration when determining earning capacity.

For divorce advice in Chester County, call us at 610-692-3999, toll free at 888-498-5602 or email us for a divorce attorney in West Chester, PA.