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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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what legal right does one spouse have to stop and prevent the

Customer Question

what legal right does one spouse have to stop and prevent the other spouse from collecting alimony or pousal support in Pa. especially when one spouse a make more money than spouse.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

This depends. Can you please tell me a little more about the matter? What has happened? If you want to, you can use fake names, such as Jack divorced from Jill, and Bill and Jill... etc. This would be very helpful.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

Jane is divorcing Joe, Jane filed for the divorce in 2010. Jane has been paying on aamortgage for a house she no longer lives in or wants. Joe still lives in the house and now wants alimony or spousal support from Jane . Jane make more money then Joe. What can Jane do to stop and or prevent Joe from collecting any type of support. Jane now has her own bill and expenses.

Expert:  Ely replied 4 years ago.
Thank you. Now, has Joe actually REQUESTED and/or RECEIVED an order for alimony from the Court?

Or, so far, this has all just been threats?
Customer: replied 4 years ago.

Joe has filed a motion to receive alimony. we go to family court on Mon. April 22nd

Expert:  Ely replied 4 years ago.
Thank you for your clarification.

Understand that just because someone asks for alimony does not mean that they are going to receive it.

The Court makes a decision on alimony based on subjective, case by case factors, which are: A.The earning potential and earning capacities of the parties. B.The ages and health condition of the parties. C.The income of the parties. D.The expectancies and inheritances of the parties. E.The length of the marriage. F.The contribution by one party to the earning capacity of the other. G.The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. H.The standard of living of the parties established while married. I.The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. J.The relative assets and liabilities of the parties. K.Any pre-marital property. L.The contribution of a spouse as homemaker. M.The relative needs of the parties. N. Any marital misconduct or fault O.Tax consequences P.Whether the party seeking alimony lacks sufficient property Q.Whether the party seeking alimony is incapable of self-support through appropriate employment. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3701, 3702, 3704, 3706.)

The fact that John still lives in the home which JANE IS PAYING for is incredible and frankly, the Judge may look at John and state: "Alimony is meant so that one does not have a financial collapse. Your spouse is already paying for your room and board!"

So in this case, it may be denied. It would behoove Jane to point out:

1) That she pays the mortgage but does not live in it;
2) That he does;
3) That he has enough money to pay his own utilities/costs;
4) He would not suffer a financial collapse without alimony payments; and
5) If he is making more than Jane, then this should be pointed out (and likely, would not have him eligible for alimony).

In the end, the Judge will make the decision based on the factors listed above.

I hope this helps and clarifies. Good luck.

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