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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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I have an exceptions hearing support today . I

Customer Question

I have an exceptions hearing for spousal support today . I am representing myself. I am no divorced yet she is having 775.00 amonth from my paycheck . our only child is 18 we have been separeted since my daughter was 16 she waited until my daughter turned 18 to file for support alimony pendite light. I am not able to afford my daughters college tuition renting a home paying all joint debt. She is living in my home that i also must pay for. She has been convicted of harassment and violating a protection order I have against her also my daughter has a 3 year protection order against her. She filed a fabrficated protection order against me in 2014 which expires 7-8-16 .I recently proved all alligations against me were completely false. I have a hearing to have my order removed. This order she filed against me is which caused everything. I have a lawyer he doesnt understand what has goneon he just thinks it was a marraige gone bad but she was 100% the blame .I have been trying to right this whole situation for almost 2 years. Im still not allowed in my home she is attaching my salary committing a felon to achieve that im broke tired and cant afford to keep missing work she is a bad woman .Does that have ANYTHING TO DO WITH SPOUSAL SUPPORT I HAVE AN EXCEPTIONS HEARING TODAY WILL THEY CONSIDER HER CRIMINAL ACTS OR WILL THEY SAY SUPPORT STANDS ONE HAS NOTHING TO DO WITH THE OTHER ...BROKEN DOWN MAN BRET LAFTY
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Yes, there are many factors the court may consider in awarding spousal support- and conduct is one of them; I am including the statute for your reference:***see section 14 below*****section 3701:(b) Factors relevant.--In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:(1) The relative earnings and earning capacities of the parties.(2) The ages and the physical, mental and emotional conditions of the parties.(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.(4) The expectancies and inheritances of the parties.(5) The duration of the marriage.(6) The contribution by one party to the education, training or increased earning power of the other party.(7) 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.(8) The standard of living of the parties established during the marriage.(9) 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.(10) The relative assets and liabilities of the parties.(11) The property brought to the marriage by either party.(12) The contribution of a spouse as homemaker.(13) The relative needs of the parties.(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).(15) The Federal, State and local tax ramifications of the alimony award.(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.(17) Whether the party seeking alimony is incapable of self-support through appropriate employment. That statute can be printed off here:here Abuse is defined at section 6102 here: 6102. Definitions.(a) General rule.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:"Abuse." The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:(1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.(2) Placing another in reasonable fear of imminent serious bodily injury.(3) The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).(4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).(5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses). Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!