Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Does your spouse have any evidence that you committed adultery or cruelty during the marriage or that you abandoned the marriage? On what grounds is your spouse refusing to pay spousal support?
I look forward to assisting you as soon as I have received this information. Thank you.
i did not committed adultery, he did. He cheated.
I see. Thank you for clarifying the situation for me. I'm so sorry that happened; it must have been pretty devastating for you.Assuming you did not abandon the marriage or engage in cruelty, there would typically be no defense for him to raise against your request for spousal support and the state does have clear guidelines established to calculate spousal support, unlike most states.Under PA law, you would typically be entitled to 40% of the difference between the payor's net monthly income and the recipient's net monthly income if there are no children. If there are minor children involved here, let me know and I would be happy to assist you in calculating that amount.Assuming there are no minor children involved, one would subtract your net monthly income from your spouse's and multiply the result by 40% to arrive at the presumptively correct amount that should be paid for spousal support.Here is a link which summarizes the law on this issue:http://www.familylawyerspittsburgh.com/divorce/spousal-support/Therefore, if you do not agree to the $350, it is not likely you would receive nothing or less than the amount offered if this calculation results in a higher amount, as long as your spouse does not have evidence to raise the defenses indicated above.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).