Legal Question in Family Law in Pennsylvania
Financial obligations
My husband has decided to serve me with divoice papers,we are married 20 years.I stayed with him during his DUI,.losing 2 well paying jobs- he was sued for sexual harrasment-the co settled out of court-5 yrs ago other job because of drinking. There was 1 incident at home when he call911-the police bevlived him he had scratched his back and told them I did it He paid the fine they filed but it stated I was guility Can he use this lie in court? .He wants out so he can claim half of our assests,and be on his own with no responsibility-he has stated a business of his own with little success and income,I had to take a job just to cover expenses for my son's senior yr in high school,I was a stay at home mom for 19 yrs. Doed he have any responsibility to boys?My health is not good,my sons are 18, and 19.
Because I took pt time job do I lose any alimony?Can I use any of the above abuse in court? I have no money to move out he keeps all finincail in locked up!
Thank you for any advice
2 Answers from Attorneys
Re: Financial obligations
Alimony in Pennsylvania is rehabilatative in nature. The court examines the income producing capability of the parties and if there is a disparity the court will order alimony for a period of time to allow the lower income party to complete further education or job training. If he in fact paid the citation while normally it could be used in court in the divorce proceeding it may be excluded. Beyond that one minor episode will have little bearing on a 20 year marriage. You should speak with an attorney to discuss filing for alimony pendente lite. I offer free consultations.
Re: Financial obligations
The child support obligation only goes until the children reach the age of 18 or graduation from high school, which ever is later, unless the chidlren have some special physical or mental health needs. You may be entitled to spousal support or temporary alimony; working part-time should not stop you from getting alinomy if otherwise appropriate. Abuse could be relevant for alimony claim.
I would accumulate records fo any accounts, tax statements, etc..Whatever attorney you go to will require a retainer. I would recommend protecting yourself and try to gather some funds in anticipation of having to go to court over support and property issues.
Please contact me if you wish to schedule an appointment.
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