Legal Question in Family Law in Pennsylvania

Divorce and Child support

My husband and I are still together but there are complications regarding a child from an affair (husband's). The home we live in is in my name only and if I were to file for divorce, I would like to continue to live there with our daugther and soon to be born son. What are my rights to the home and child support from husband?


Asked on 2/19/09, 2:02 pm

1 Answer from Attorneys

Audrey Buglione Law Office of Audrey Buglione

Re: Divorce and Child support

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! 717-798-8LAW. That being said...

An action in divorce may actually result in three separate actions: Distribution of assets, determination of child custody and child/spousal support. In regard to the assets, and specifically your home, an overall determination of the assets and debts needs to be made. Assets include all assets acquired during the marriage, regardless of how those assets are titled. Assets may include your home, any retirement accounts, automobiles, jewelry, bank accounts, etc. In your case, you indicate that the home is titled in your name alone. I would need more information about the acquisition of the home in order to properly advise you as to its status as marital property. You have not asked about custody, so I will not address that here. Feel free to contact me if you need information regarding custody. In regard to child/spousal support: the custodial parent is entitled to receive support for the children. In addition, the economically dependent spouse is entitled to receive spousal support (except in certain circumstances) or alimony pendente lite during the pendency of the divorce proceedings. Alimony (which is a form of support after the divorce is finalized) may also be granted.

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Answered on 2/19/09, 2:21 pm


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