Will my mom have to pay alimony for my father who is out of work, if he receives social security checks every month?

UPDATED: Oct 13, 2011

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Will my mom have to pay alimony for my father who is out of work, if he receives social security checks every month?

My father has been out of work for about 10 or 11 years. He claims that he “works” but he doesn’t bring in any money, except for his unemployment checks from social security. My mom has been bringing in the money and has been the primary money maker in the house all of my life. My mom wants to divorce him because he is very passive aggressive and doesn’t treat us nicely at all. Would she have to pay him alimony? In addition would he have to pay child support, I’m 16?

Asked on October 13, 2011 under Family Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) It is certainly possible that yoour mother would havve to pay alimony to your father--nothing says that alimony has to be male to female. If your mother is the primary breadwinner and has been supporting him, then that would often entitle him to alimony.

2) Whether he would have to pay child support depends in large part on who gets custody of you, as well as the exact ratio of balance of his income to her income. If she has earned almost all the money that has supported you, it's possible he would have to pay either no child support or minimal.

The above are general principals or guidelines. For a definitive answer based on the specifics of her situation, your mother should consult with a family law attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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