Philadelphia Support Laws

Spousal support and child support attorneys in Philadelphia

When a couple begins the divorce process, one key element of the settlement is known simply as support; this can be broken down further into child support and spousal support (below). Child and spousal support is generally defined as the financial support for children, as well as the parent with primary physical custody of the children. Family support payments are generally paid on a weekly/monthly basis and continue on until the youngest child reaches age 18 (in Pennsylvania) or is emancipated New Jersey this is more complicated analysis).  In New Jersey, payments may continue for any children over the age of 18 who are enrolled in college.

Spousal support, also known as alimony, can also be used to pay back a debt. For example, if a wife worked to put her husband through college, the husband may be ordered to pay tuition reimbursement to the wife as an act of spousal support. This type of spousal support can prevent one party from feeling like the other party has taken financial advantage of their situation while married.

Sometimes, a divorcing couple will agree to a spousal support plan that includes higher payments for the first few years. This type of spousal support gives the receiving party the flexibility to go back to school and complete a degree program. After graduation and entrance into the work force, the monthly payments are reduced to a lower level.

Both Pennsylvania and New Jersey use statewide uniform guidelines to determine the appropriate levels of child support. These guidelines consider some factors such as the incomes of both spouses, number and age of children, length of marriage, ability to work, and general needs. If you would like help determining an estimate of the appropriate level of support, please contact our office for a list of accurate figures based on state guidelines.

Another option that is often used during divorce is that of a temporary alimony agreement, also know as alimony pendente lite, to establish maintenance of lifestyle, protection of assets,  obligations of the parties. This agreement is nullified when divorce decree or final judgment of divorce is reached.

Petrelli Law, P.C. can help you through this difficult time. If you need help creating a fair and livable temporary or long-term support agreement, please contact us. We would be pleased to provide you with guidance. Call us at (215) 523-6900.

Child Support

Child support is the money one spouse must pay to the spouse with physical custody to assist with things such as school costs and everyday needs. In the 1980s, federal laws were passed ordering states to establish guidelines for determining the base amount of child support. These laws came into effect due to beliefs that child support payments were too low and the wide variation in ordered payments for similar circumstances caused confusion and complaints.

Today, both Pennsylvania and New Jersey calculate the final amount using a complex algebraic equation factoring in things such as parent income and number of children. Most family law attorneys have software to assist in computing the guideline amount. The formulas are based on studies estimating the normal costs for a family to raise children. However, due to the unique situation of each case, it is often difficult to predict an amount with absolute certainty.

Payment guidelines attempt to approximate how much a parent would have theoretically spent on a child if the divorce had never taken place. The final number is determined after courts plug their estimates into the guideline formula. The guidelines apply equally to children born to married parents and to children born out of wedlock.

Petrelli Law, P.C. can help you through this difficult time. If you would like help determining an estimate of child support, please contact our office. We use the same software that the courts use to determine the guideline support amounts, and would be happy to crunch some numbers for you. Call us at (215) 523-6900.

Spousal Support

The court system determines spousal support amounts with an eye on the factors provided by the Legislature, including length of marriage, prior living standard, presence of young children, employment opportunities available to the spouse requesting support, and the extent to which the supported spouse has contributed to the attainment of education or a professional license by the other spouse.

Temporary spousal support, also known as alimony pendente lite, is sometimes available and can be awarded when one spouse is unemployed or earning significantly less than the other spouse. If child support is also being paid, the amount of spousal support is determined after the guideline level of child support is calculated. Temporary spousal support is used to preserve the status quo and provide the spouse with sufficient income for basic needs in maintaining the parties' lifestyle.

Spousal support comes with an income tax advantage. The Internal Revenue Code defines all spousal support payments as tax deductible by the paying spouse and "ordinary income" for the recipient spouse. For this reason, negotiated settlements can include a high spousal support number resulting in tax breaks for the paying spouse.

Petrelli Law, P.C. can help you through this difficult time. We are committed to helping individuals and ensuring they have a fair and equitable resolution. Call us at (215) 523-6900.

Attorney Fees

The question of who is responsible for paying attorney fees frequently arises. In most divorce cases, this answer is often simple - each spouse pays their attorney out of their own pocket.

If one spouse controls the family's money, the other spouse may be entitled to ask the court for attorney's fees pendente lite. This means that the court may order fee payments to the other lawyer at the beginning of the divorce. This situation is quite common despite the many unique circumstances of each case. It is highly recommended to discuss this with your attorney, as his or her prior experience in the situation may provide plenty of helpful suggestions.

If divorce is not involved, such as in cases of child support enforcement and modifications, attorney fees can sometimes be available. The trial court often makes this decision at its own discretion. However, it is generally noted that the worse the party's behavior, the more likely the court will impose fees upon them.