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No Child Support involved, strictly 'Spousal Support' that goes thru the APL court system. I requested a 'review' in consideration that my income has been reduced, but also, I refinanced the house, lowering my mortgage payments, Unfortunately it appears that the difference will increase my obligations by a few dollars. That's ok, it is what it is. But in the last 6 months, my wife has taken up cohabitation with another man, so I feel his income is now helping to support her, and should be factored into the APL formula. Wife is still working, office job, auditor.
Ok, My hearing is tomorrow morning, and I only just now thought to ask the question. Thanks Much !
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I'm told now that this Sec. 3701(e) of the Pennsylvania Statutes, applies to Alimony only, and not APL (Alimony Pende Lite), and the cases referred to are not Pennsylvania cases. And that cohabitation is NOT considered in an APL hearing, in the state of Pennsylvania.
Moreover, in general, an order of alimony pendente lite must be fair. It cannot be confiscatory. Consideration must be given to the payor's ability to pay as determined by his/her separate property, income or earning capacity and the need of the recipient as determined by his/her separate property, income or earning capacity. The reasonable living expenses of each party must also be taken into account. While there are "guidelines" that determine APL, they are NOT always hard and fast. While co-habitation may not be considered for APL, an argument can be made that your wife is BENEFITING from co-habitation and is dragging her feet to complete the divorce. The longer that the divorce takes, the longer you pay APL. She gets APL AND the benefit of her boyfriend's income and your income is the only one that is taking a beating.
Also, after the divorce is entered, you have the right to appeal the amount of APL that you paid during the pendency of the divorce.
Last evening, I based my answer upon whether alimony can be modified because of a change in circumstance. And, the cases that I cited are still relevant for that issue.
Again, I apologize for any miscommunication. You should keep the divorce proceedings as short as possible. That way, any APL will be minimized, and the fact that she is co-habitating IS a factor that the court will consider when determining any award of alimony.
Xavier, In the state of Pennsylvania, the APL courts have been instructed to NOT consider cohabitation. That cohabitation is only taken into consideration after the divorce is closed and IF,,,IF Alimony is awarded. It is NOT automatically converted from APL to Alimony. I argued the same point you made, today to the APL Judge, that the wifes cohabitation is indeed additional income and should be considered. The judge reminded me of the above statement, Pennsylvania does NOT take cohabitation into consideration during APL,
In addition, the case law references you made are not Pennsylvania Case laws and have no bearing on my question.
I am disappointed to have spent $65 for advice that did not apply to my question, in regards XXXXX XXXXX Family Law with APL.
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