Can my husband be approved for spousal support?

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Can my husband be approved for spousal support?

I am seperated (no legal form of seperation was filed, he simply moved out) from my husband. I have been left with primary custody of our child and taking care of all household expenses and responsibilities that we incurred and use to share together on a low, fixed income. Can he file for spousal support and get approved for it if he is now a full-time student only working part-time, living rent-free with a relative and has automobiles he owns outright? In other words, no real debt other than he was just recently court ordered to provide support for our child.

Asked on April 24, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Pennsylvannia disitinguishes the type of support available depending on where you are in the divorce or separation proceedings.  Spousal support is support given before the divorce decree. In Pennsylvania, the amount payable for spousal support is based upon a percentage of the difference of after tax monthly incomes or earning capacities of the parties after consideration of other support obligations. Pennsylvania law provides that if the spouse receiving spousal support (also known as the payee) has committed one of the fault-based grounds for divorce, the court has the right to refuse to award spousal support. The obligor’s (person paying support) right to raise the fault grounds is called an entitlement defense to the payment of the spousal support. In Pennsylvania, there is no fixed length of time that spousal support is payable. However, if the parties have been married for only a short period of time prior to their separation, the Pennsylvania family court can limit the duration of any spousal support (or alimony pendente lite) payments as well as the monthly amount payable.  He has to pay child support no matter what.  I would consult with an attorney on the matters here.  Good luck.


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