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One Penn Center, 19th Floor
1617 John F. Kennedy Blvd.
Philadelphia, PA 19103-1895
Phone (215) 665-3000
Fax (215) 665-3165 |
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CHILD SUPPORT, SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE |
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Support guidelines are mandated by federal and state law. The amount of a child support, spousal support or alimony pendete lite is determined in accordance with the Pennsylvania Support Guidelines, unless the parties' aggregate net income exceeds the monthly Guideline limitation.
Child support is the responsibility of both parents. This obligation continues until a minor child reaches eighteen years of age or graduates from high school, which ever occurs last. However, a parent may be required to support an adult child who is incapable of self-support due to a physical or mental disability. A parent is not required by Pennsylvania law to contribute to a child's college education and expenses, unless s/he has contractually obligated him/herself to do so. The Pennsylvania Support Guidelines contain a table and a formula to calculate the proper amount of child support, based upon the parents' respective net monthly incomes or earning capacities. If the parents' combine net monthly income exceeds the limits of the Guidelines (currently $20,000 per month), the amount of child support is determined by analyzing the child(ren)'s reasonable needs.
The interspousal support obligation is a duty that arises upon marriage and continues as long as the marriage exists. After parties have separated, but prior to the filing of a divorce complaint, support payable to a dependent spouse is called "spousal support." A spousal support obligation arises out of the marriage relationship. Contrarily, after a divorce complaint is filed, support payable to a dependent spouse is called "alimony pendente lite" and exists only during the pendency of a divorce proceeding to enable a dependent spouse to prosecute or defend the divorce action. Both types of temporary support are calculated the same way, by taking a percentage of the difference in each party's respective net monthly incomes or earning capacities. Both alimony pendente lite and spousal support are taxable income to the payee and deductible by the payor.
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