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Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Could you please explain how I calculate mortgage deviation

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Could you please explain how I calculate mortgage deviation in PA. W (me) stayed in house post separation, but H paid monthly mortgage until house sold. H agreed not to require reimbursement from W for several months. As to the other months, H's net monthly income was sufficiently higher than W's to trigger what has been explained to me as a requirement on H's part to pay a portion of the monthly mortgage even though he wasn't living in the house. Thanks.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for the question.

In Pennsylvania, the guidelines state that 40 percent of the difference in earnings is the amount that may be dedicated to spousal support.

If the family has a mortgage, and that monthly house mortgage far exceeds Wife's income plus the 40-percent difference, Pennsylvania law provides a "mortgage deviation" from the guidelines that would boost Wife's income. The extra money is given to compensate for the spouse left behind who must continue to maintain the family residence and pay the mortgage while the divorce works it way through court.

If the mortgage is more than 25 percent of the Wife's income then Husband may be ordered to pay up to 50 percent of the difference. (See PA Rule of Civil Procedure 1910-16-6).

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Customer: replied 4 years ago.

Just so I'm clear -- if the mortgage was more than 25% of my income (I assume you mean net monthly not gross, right), then what H may be ordered to pay is up to 50% of the difference between what and what? Also, when you say "may" and "up to 50%" - what sorts of factors determine whether the court would order the spouse to pay that and what sort of factors determine the amount of payment the court would require? Thanks.





Here's an example, if Husband earns $4,000 a month and Wife earns $2,000, then Husband must pay Wife the 40 percent difference, or $800, each month as spousal support.

If there's a mortgage deviation at issue, the Husband would be required to pay 50% of the difference between his income and your income. In the example, the 50% payment would be $1000.

The factor that determines whether or not the support and mortgage deviation is ordered depends on how the numbers work out. If there's proof that you need the money to maintain the payments, then the court should order it.

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.



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