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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Hi i had a conference hiring yesterday for spousal support.

Customer Question

Hi i had a conference hiring yesterday for spousal support. The counsel at the court told me, my spouse and his attorney after the calculation that i am entitled to $850 a month. He didn't agree with it, so i said I am willing to work with you. Will you agree to $650 and he said no. I then said 500 and he said no. I went down to $350 but i am still not sure about that. We didn't sign anything yesterday because his lawyer said that she will write up the agreement and we will meet her on Saturday to sign. So therefore i throw the case out. However the court counsel stated that if for some reason i am not satisfy, i can go back to court and file for a mastery hiring. Now it's a day later and i am still confuse on what decision to make. I told my spouse's attorney that i needed a few days to think this over before i sign anything. Please help me. Before i take this to a hiring, i would like to know what my chances are. Would the mastery quote a price lower than $350? I don't want to take it to a hiring if i am not guarantee to get higher or i don't want to take it to court if i won't get anything at all. I really don't want to take that chance. I am also on his Health Insurance and that is something i also want to keep. Please, i need some advice on what to do. Thanks.
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.

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.

Customer: replied 3 years ago.


i did not committed adultery, he did. He cheated.

Expert:  Tina replied 3 years ago.

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!

Tina

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