Lackawanna County Spousal Support Attorney

Determining Spousal Support in a Clarks Summit Divorce

Calculating spousal support can be a challenge in a divorce. This is true whether you are dealing with considerable assets or a modest life, whether you were the breadwinner or the homemaker, and whether you and your spouse are on friendly or unfriendly terms. Having a skilled Lackawanna County divorce attorney on your side can make all the difference in your financial stability now and into the future. At O’Malley Law Office, LLC, we handle spousal support and all other divorce and family law matters for clients throughout Scranton, Clarks, Summit, and across Pennsylvania. We are here to provide honest insight and aggressive legal counsel when you need it most. We serve Lackawanna, Wyoming, Luzerne, Monroe, Wayne, and Susquehanna counties.

Wondering whether you will be entitled to or may have to pay alimony? Ask a Lackawanna County spousal support lawyer by calling (570) 284-3551 today!

What is Spousal Support?

Spousal support is one of the issues that must be faced in a divorce or separation agreement. In Pennsylvania, spousal support is a certain amount of money paid by one ex-spouse to another.

Also known as alimony, it may be paid as a lump sum or in regular increments for a set period of time (or infinitely, under certain circumstances). Alimony pendente lite, “while the action is pending," refers to spousal support that is paid while the divorce is still in the process.

When awarding spousal support, Pennsylvania courts may look at a number of factors:

• The duration of the marriage;
• Each spouse’s income and earning potential;
• Any potential inheritance or other assets each spouse may acquire;
• The age and health of each spouse;
• The standard of living experienced during the marriage;
• The assets and debts of each spouse;
• The financial needs of each spouse;
• The impact spousal support may have on each spouse’s taxes;
• Each spouse’s ability to be self-supporting;
• Each spouse’s contributions during the marriage;
• The division of property in the divorce; and
• Any misconduct on the part of either spouse during the marriage.

How is Spousal Support Calculated in Lackawanna County?

In Pennsylvania, spousal support is calculated using a formula established by the Pennsylvania Support Guidelines. 

The calculation depends on whether children are involved:

• Without children: Spousal support or Alimony Pendente Lite (APL) is typically calculated as 33% of the payor's net income minus 40% of the payee's net income.
• With children: The formula adjusts to 25% of the payor's net income minus 30% of the payee's net income.

Key Factors Considered:

• Net Income: This includes wages, bonuses, rental income, and other revenue, minus mandatory deductions like taxes, Social Security, and Medicare.
• Duration: The length of spousal support is not strictly formulaic and is influenced by factors such as the length of the marriage, the standard of living during the marriage, and the age and health of both parties.
• Other Influences: Courts may also consider earning capacities, contributions to the marriage, and the need for education or training to become self-sufficient¹.

Spousal support orders can be modified if there are significant changes in circumstances, such as income changes, health issues, or remarriage.

Modifying Spousal Support in Pennsylvania

In Pennsylvania, spousal support can be modified under certain circumstances. If either the paying spouse or the receiving spouse experiences a significant change in circumstances, they may petition the court to modify the existing spousal support order.

Here's how the process typically works:

1. Significant Change in Circumstances: Before seeking a modification of spousal support, there must be a substantial change in circumstances since the original support order was issued. This could include changes in income, employment status, health issues, or other financial circumstances affecting either spouse.
2. Prepare the Petition: The party seeking the modification (the petitioner) must prepare a formal petition to modify spousal support. This petition should outline the reasons for seeking the modification and provide evidence supporting the claim of a significant change in circumstances. Documentation such as pay stubs, tax returns, medical records, or other relevant financial information may be required.
3. File the Petition: The petitioner files the petition with the court that issued the original spousal support order. They must also serve a copy of the petition on the other party (the respondent) in accordance with Pennsylvania's rules of civil procedure.
4. Negotiation or Mediation (Optional): Before proceeding to a court hearing, the parties may attempt to negotiate a modified support arrangement through informal discussions, mediation, or settlement conferences. If they reach an agreement, they can submit it to the court for approval, which typically results in a modified support order without the need for a formal hearing.
5. Court Hearing: If the parties cannot agree on a modification, or if one party contests the proposed modification, the court will schedule a hearing. During the hearing, both parties have the opportunity to present evidence and arguments supporting their positions. The court will consider the evidence presented, including the reasons for seeking modification and any objections raised by the other party.
6. Court Decision: Based on the evidence and arguments presented, the court will decide whether to grant or deny the requested modification of spousal support. The court may modify the support order by adjusting the amount of support or changing the duration of support payments, depending on the circumstances of the case.
7. New Court Order: If the court grants the modification, it will issue a new court order reflecting the revised spousal support arrangement. Both parties are legally obligated to comply with the terms of the modified order.

Why Choose O’Malley Law Office for Your Spousal Support Needs

At O’Malley Law Office, we understand that navigating spousal support can be emotionally and financially challenging. Our dedicated team of legal professionals is committed to providing personalized guidance tailored to your unique circumstances.

Here are a few reasons to trust us with your spousal support case:

• Experienced Representation: Our attorneys have extensive experience in family law, particularly in matters related to spousal support. We stay up-to-date with the latest legislation to ensure that your rights are protected.
• Individualized Strategy: We recognize that no two cases are the same. Our approach is to craft a strategy that aligns with your needs and goals, ensuring that your voice is heard throughout the process.
• Compassionate Support: Legal issues related to family can be stressful. Our team is here to provide compassionate support and answer any questions you may have, putting your mind at ease during this challenging time.
• Proven Track Record: We take pride in our history of successfully negotiating and litigating spousal support cases. Our outcomes speak for themselves, as we have helped numerous clients achieve fair resolutions.
• Transparent Communication: We believe in maintaining open lines of communication. You can expect us to keep you informed at every stage of your case, ensuring you always know where you stand.

Don't face the complexities of spousal support alone. Let O’Malley Law Office be your trusted partner in this process.

Call (570) 284-3551 and get an experienced Lackawanna County alimony attorney on your side. Schedule your free consultation.