Spouses are free to agree between themselves whether one party will
make payments to the other after the separation and before divorce.
These are called support payments. The parties may also agree that
one party will give money to the other after the divorce, either in a lump
sum, or for a certain period of time, or for an indefinite period of time. This
is referred to as alimony.

Alimony is payment made by one party to the other after the divorce, either
by court order or by mutual agreement. This type of post-divorce payment
is also sometimes referred to as maintenance. Until 1980, there were no
provisions under Pennsylvania law for alimony. The Divorce Code of 1980
provides that the court may allow alimony to either party "only if it finds
that alimony is necessary."

Under Pennsylvania law, married people are financially responsible for each
other - the husband has a duty to support his wife, and the wife has a duty
to support her husband. This duty lasts until the final Decree in Divorce is
granted. It doesn't stop simply because the couple separates. Once the
parties file for a mutual-consent no-fault divorce, they must wait at least 90
days and often significantly longer before the final Decree in Divorce is
granted. During this period, an agreement on support payments may be
appropriate if the parties are separated.

After the final Decree in Divorce is granted, the only spousal support
obligations remaining are any alimony provisions spelled out in the

Settlement Agreement or in the Decree if the court orders alimony
payments. Many couples elect to make an alimony payment in one lump
sum. The advantage of a lump-sum payment is that these economic ties and
obligations are ended immediately. However, a lump-sum payment may
have adverse tax consequences - check with an accountant. Generally,
alimony and spousal support are taxable to the recipient and excludable by
the payer.

Making Your Own Decision
Just as with property division, you are perfectly free to make your own
decisions and agreements on spousal support as long as the decisions are
the result of free and open negotiation and are fair to both parties. Child
support agreements, on the other hand, are closely scrutinized by the court
and may be changed by the court if the court determines that the child-support
agreement is insufficient.

If both parties have jobs and earn similar salaries, the couple may very well
decide against any spousal support or alimony payments. In some cases,
however, one spouse might need some time to learn a skill in order to be
self-supporting. Perhaps this spouse kept house or helped the working
spouse through school. In this situation, a period of support and/ or alimony
payments might be a fair return for this help.

Factors Considered by the Court in Determining Alimony

A couple filing for a mutual consent no-fault divorce may ask the court to
decide on whether alimony is needed if the couple cannot come to a
decision. If asked, the court will determine whether alimony is necessary,
and also the nature, amount, duration and manner of payment. The factors
the court weighs in making this determination include:

1. Relative earnings and earning capacities of the spouses.

2. Ages and physical, mental and emotional conditions of the parties.

3. Sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits.

4. Expectancies and inheritances of parties.

5. The duration of the marriage.

6. Contribution by one party to the education, training or increased earning power of the other party.
   

7. The extent to which earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
   

8. The standard of living of parties established during the marriage.
   

9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

10. Relative assets and liabilities of the parties.
    

11. Property brought to the marriage by either party.
    

12. Contribution of a spouse as homemaker.
    

13. The relative needs of the parties.
    

14. Marital misconduct of either party during the marriage (but not after separation).
    

15. Federal, state and local tax ramifications of alimony.
    

16. Whether the party seeking alimony lacks sufficient property, including but not limited to personal property distributed pursuant to the divorce, to provide for that party's reasonable needs.
    

17. Whether the party seeking alimony is incapable of self-support through appropriate employment.
    

Enforcement of Alimony

Courts can enter an order for alimony for either a specific period of time or
an indefinite period of time as long as this time period is reasonable given
the circumstances of the parties. When a court orders alimony, that order
can be changed by the court at a later date if either party has a change in
income.

An alimony agreement made by a couple (not ordered by the court) and
incorporated into the Divorce Decree may be enforced by the court, but

not modified by the court unless both parties have agreed that the court
may do so.

The court has the power to attach wages and seize property in enforcing an
alimony order. If there is no express agreement to the contrary, alimony
obligations end when the party receiving support remarries or if that party
cohabits with a member of the opposite sex who is not a close relative. The
death of either party ends the obligation of alimony. The court may modify
an alimony order if the circumstances of either party change substantially.

"Rehabilitative" Alimony

In Pennsylvania, courts try to provide what is known as "rehabilitative"
alimony - payments made for a period of time sufficient for the party
receiving the payments to get enough training or education to become self
supporting.

However, if the parties have been married for a long period of time and one
of the parties has remained at home as a homemaker or makes significantly
less than the other party, it may be extremely difficult for that party to enter
the work force or become completely self supporting. In such circum-stances,
the court may be inclined to provide for indefinite alimony until the
party receiving alimony remarries or dies.

Child Support

Under Pennsylvania law, parents, whether they are married to each other or
not, are equally responsible for the support of their children. In Pennsylva-nia,
this obligation is in effect until the children reach the age of 18 or when
they graduate from high school, whichever comes later.

Courts may order the parent paying child support to continue making
payments if the child enters college. This duty to support a child through
college is not absolute - whether the court would make such an order
depends on the circumstances of both parents. The court will not order
such support if it will cause undue hardship to a parent.

You are free to continue to support your children through college if you
wish - you may want to put clauses in your Settlement Agreement speci-fying
who will pay what portion of your children's college costs.

Where the children will be living with one spouse, payments are usually
made to that spouse. However, this doesn't mean that the spouse with
primary custody does not have an equal duty to support the children.

Determining Child Support
The Statement of Income and Expense forms explained in the chapter on
property division will be help you determine what your child-related
expenses are, and how the spouse with primary custody will be able to
meet those obligations. Also, you should determine your children's future
needs in addition to their current needs. You may be planning on eventually
sending children to private school, for example. This future cost should be
considered when deciding child-support issues.

Support Guidelines
The amount of support and the methods you choose for payment will be
closely reviewed by the court when you submit your Settlement
Agreement. If the court determines that the support arrangements are
insufficient, the court will not accept your Agreement.

When asked to determine child support, courts in Pennsylvania follow the
Support Guidelines, a formula that takes into consideration the income of
each parent and distributes the financial responsibilities for the children
accordingly. If your agreement on child support meets or exceeds these
Guidelines, the court will in all likelihood accept your agreement unless
some extraordinary circumstances exist.

Below are the charts and the formula the courts use to determine child
support. The chart lists the minimum monthly amount due for child
support, determined by the combined income of both parents and the
number of children. After the chart, a step-by-step guide appears, telling
what percentage of the total support sum each parent will pay, based on
each parent's individual monthly income.

The chart is based on take-home monthly income - total income minus
Social Security, FICA, federal tax, state tax, local tax, any involuntary
payroll pension deductions, union dues and any alimony paid to the other
spouse, or child support and spousal support from a previous marriage.
(Payroll deductions for insurance that will benefit either the children or the
other spouse are not excluded from the total. Adjustments for health insur-ance
are made later in the calculation.)

PROPORTION OF NET INCOME SPENT
ON CHILDREN BY COMBINED INCOME LEVEL

Children

$423-$1,058

$1,059-$1,481

$1,482-$1,905

1

$104, plus 24.32% above $423

$258, plus 22.67% above $1,059

$354, plus 22.72% above $1,482

2

$152, plus 35.44% above $423

$377, plus 32.68% above $1,059

$515, plus 32.77% above $1,482

3

$180, plus 41.93% above $423

$446, plus 38.34% above $1,059

$609, plus 38.47% above $1,482

4

$199, plus 46.33% above $423

$493, plus 42.37% above $1,059

$673, plus 42.50% above $1,482

5

$216, plus 50.22% above $423

$535, plus 45.92% above $1,059

$729, plus 46.08% above $1,482

6

$231, plus 53.74% above $423

$572, plus 49.14% above $1,059

$780, plus 49.30% above $1,482

Children

$1,906-$2,328

$2,329-$2,751

$2,752-$3,174

1

$451, plus 22.32% above $1,906

$545, plus 21.39% above $2,329

$636, plus 11.47% above $2,752

2

$654, plus 31.70% above $1,906

$788, plus 31.41% above $2,329

$921, plus 16.16% above $2,752

3

$772, plus 36.69% above $1,906

$927, plus 37.49% above $2,329

$1,085, plus 18.62% above $2,752

4

$853, plus 40.54% above $1,906

$1,024, plus 41.42% above $2,329

$1,199, plus 20.58% above $2,752

5

$924, plus 43.94% above $1,906

$1,110, plus 44.90% above $2,329

$1,300, plus 22.30% above $2,752

6

$989, plus 47.02% above $1,906

$1,188, plus 48.04% above $2,329

$1,391, plus 23.87% above $2,752

Children

$3,175-$3,598

$3,599-$4,021

$4,022-$4,656

1

$684, plus 7.20% above $3,175

$715, plus 17.74% above $3,599

$790, plus 14.14% above $4,022

2

$989, plus 11.89% above $3,175

$1,040, plus 22.97% above $3,599

$1,137, plus 20.44% above $4,022

3

$1,164, plus 10.21% above $3,175

$1,207, plus 29.49% above $3,599

$1,332, plus 23.99% above $4,022

4

$1,286, plus 11.28% above $3,175

$1,334, plus 32.59% above $3,599

$1,472, plus 26.51% above $4,022

5

$1,395, plus 12.22% above $3,175

$1,446, plus 35.33% above $3,599

$1,596, plus 28.74% above $4,022

6

$1,492, plus 13.08% above $3,175

$1,548, plus 37.80% above $3,599

$1,708, plus 30.75% above $4,022

Children

$4,657-$5,502

$5,503-$6,349

$6,350-$7,195

1

$879, plus 13.79% above $4,657

$996, plus 13.75% above $5,503

$1,113, plus 13.57% above $6,350

2

$1,267, plus 19.70% above $4,657

$1,434, plus 19.74% above $5,503

$1,601, plus 20.37% above $6,350

3

$1,485, plus 22.92% above $4,657

$1,679, plus 23.11% above $5,503

$1,874, plus 24.79% above $6,350

4

$1,640, plus 25.32% above $4,657

$1,855, plus 25.54% above $5,503

$2,071, plus 27.39% above $6,350

5

$1,778, plus 27.45% above $4,657

$2,011, plus 27.68% above $5,503

$2,245, plus 29.69% above $6,350

6

$1,903, plus 29.37% above $4,657

$2,151, plus 29.62% above $5,503

$2,402, plus 31.77% above $6,350

Children

$7,196- $8,042

$8,043-$10,581

$10,582-$12,697

1

$1,227, plus 7.05% above $7,196

$1,287, plus 15.99% above $8,043

$1,693, plus 7.51% above $10,582

2

$1,773, plus 10.65% above $7,196

$1,863, plus 22.93% above $8,043

$2,446, plus 10.95% above $10,582

3

$2,084, plus 13.13% above $7,196

$2,195, plus 26.83% above $8,043

$2,877, plus 13.01% above $10,582

4

$2,303, plus 14.51% above $7,196

$2,426, plus 29.65% above $8,043

$3,179, plus 14.37% above $10,582

5

$2,496, plus 15.73% above $7,196

$2,629, plus 32.14% above $8,043

$3,446, plus 15.58% above $10,582

6

$2,671, plus 16.83% above $7,196

$2,813, plus 34.39% above $8,043

$3,687, plus 16.67% above $10,582

Children

$12,698-$15,000

1

$1,852, plus 7.97% above $12,698

2

$2,677, plus 11.60% above $12,698

3

$3,152, plus 14.26% above $12,698

4

$3,483, plus 15.76% above $12,698

5

$3,775, plus 17.08% above $12,698

6

$4,039, plus 18.28% above $12,698

FORMULA FOR CALCULATING CHILD-SUPPORT OBLIGATION
PART 1: MONTHLY OBLIGATIONS

PARENT A

PARENT B

1. Total gross income per pay period

_____________

_____________

2. Minus deductions

(_____________)

(_____________)

3. Net income

_____________

_____________

4. Convert to monthly amount

_____________

_____________

5. Combined total

_____________

6. Basic Child Support Obligation (from chart)

_____________

7. Net income as a percentage share of income (divide line 4 by line 5 and multiply by 100)

_____________%

_____________%

8. Each parent's monthly share (multiply line 6 by line 7)

_____________

_____________

Example: John and Jane have two children. John's net monthly take-home
income is $4,000. Jane's net monthly take-home is $3,000. Their
combined income is $7,000 (Step 5).

The monthly income chart shows that couples netting between $6,350 and
$7,195 per month with two children have a minimum support obligation of
$1,601 plus 20.37% above income exceeding $6,350.

Their net monthly income of $7,000 minus $6,350 is $650 (the amount
over $6,350).

20.37% of $650 is $132.40. That is added $1,601 for a total monthly
support obligation of $1,773.40

Jane's net income as a percentage share of income (Line 7) is 43% (3,000
divided by 7,000), which comes to $688.43. John's percentage share is
57%, or $912.57.

PART 2: ADJUSTMENT FOR SUBSTANTIAL OR SHARED
PHYSICAL CUSTODY

9.a. Percent of time PAYING SPOUSE spends with children (divide overnights with paying spouse by 365 and multiply by 100)

b. Subtract 30%

c. Paying spouse's adjusted % (line a minus line b)

d. Paying spouse's adjusted share (line 9c time line 8)

PART 3: ADDITIONAL EXPENSES

10. a. Paying Spouse's share of expenses

b. Paying Spouse's share of health insurance premiums if other spouse is paying

c. Less other spouses share of health premium if paying spouse is paying the premium

d. Paying spouse's share of unreimbursed medical expenses

e. Other additional expenses

f. Total additional expenses

11. Paying spouse's total support obligation (add line 8 or line 9d if applicable) and line 10e

When the combined monthly income of the parents exceeds $15,000, child
support is determined under the guidelines of the court opinion in Melzer v.
Witsberger, 505 Pa. 462, 480 A. 2d 991 (1984). Under that case, the court
takes the highest amount of support derived from the chart for the appro-priate
number of children and, using the parents' actual combined income,
determines the percentage share amount. The court may award an
additional amount of support based on excess combined income.

For example, if a couple had monthly net incomes of $17,000 (81%) and
$4,000 (19%) and had three children, the minimum amount of support is
$3,480. The minimum amount of support from the higher-paid spouse
would be $3,480 x 81% - $2,819. The court may then add an additional
amount of support based on the parties' remaining income of $6,000.

Deviation From Support Guidelines

If the court were making the support decision and it decided to allot 10
percent more or less support than indicated on the support guidelines, the
court would have to justify this deviation in writing. Here are factors the
court considers in deciding whether to deviate from the support guidelines:

1. Unusual needs or unusual fixed obligations.
   

2. Other support obligations of the parties.
   

3. Ages of the children.
   

4. Assets of the parties.
   

5. Medical expenses not covered by insurance.
   

6. Standard of living of parties and their children.
   

7. Other relevant and appropriate factors, including the best interests of the children.

Method of Paying Child Support

In your agreement, you should spell out exactly how much child-support
will be paid, when it will be paid, and when it will start and stop. You also
have the option of asking that such payments be made by court order. The
paying parent would make payments or payroll deductions would go to the
state. The state would then dispense the money to the parent receiving the
support payments. A parent not meeting his or her obligations would be in
contempt and the state would start enforcement proceedings.

If you have full faith that the other parent will be responsible and will meet
his or her obligations promptly, simply write your decision on support
obligations into the Agreement. You will still have legal recourse if the
other parent defaults on child-support payments. First, you may sue to
enforce the terms of your agreement. Also, uniform state laws, the Revised
Uniform Reciprocal Enforcement of Support Act (RURESA) have been
adopted by most states. They allow interstate enforcement of child-support
orders and facilitate collection of delinquent payments when the parents
live in different states.

Modification of Child Support

A marital Settlement Agreement is intended to resolve for all time all issues
between the parties. Settlement Agreements are not, generally speaking,
subject to modification by the court. However, provisions regarding child
support, visitation and custody are absolutely subject to court modification
under appropriate circumstances.

"Appropriate circumstances" include a substantial change in income. As an
extremely simple example, a support agreement and the resulting court
order in the Divorce Decree can be modified if the original court order was
based on an annual income of the supporting parent of $40,000 and that
parent subsequently wins the lottery for $10 million payable in yearly
installments of $250,000. That increase in annual income from $40,000 to
$250,000 is a change in circumstances relevant to child support. The court
would definitely consider ordering the supporting parent to pay more in
support, based on this new income.

Other changes in circumstances the court would consider in modifying a
support order include new family obligations, a decrease in income, or
changing needs of children. Past support cannot be modified, however.
Modifications cannot be retroactive.

The Support Agreement

After you have made your decisions concerning support and alimony, it is
time to compose an agreement that will become part of the ultimate marital
Settlement Agreement. On the following pages are some sample clauses.
Like the other sample clauses in the other chapters, they do not cover all
contingencies, nor would they be appropriate for every Settlement Agree-ment.
They are included only as examples.

SAMPLE ALIMONY AND SUPPORT AGREEMENT CLAUSES

1. CHILD SUPPORT
Husband agrees to pay Wife $300 per month for the
support of the children until the children become emanci-pated.
Payments will begin on the first day of June,
19__. The children will be emancipated on (1) reaching
age eighteen or (2) graduation from high school or (3)
entry into the armed services or (4) marriage or (5)
becoming self supporting. If Husband's income increases,
these support payments will be increased proportionally.

or
Wife agrees to support the children who live with her;
husband agrees to support the children who live with him.
Neither party will seek support from the other for
children over whom he or she has custody.

2. COLLEGE COSTS
Husband agrees to be pay for reasonable undergradu-ate
college costs of the children as long as the children
are enrolled and diligently seeking a degree. These costs
include but are not limited to such items as room and
board, tuition, books, transportation and clothing. This
obligation will cease on graduation or withdrawal from
college.

3. CHILDREN'S HEALTH INSURANCE
Husband agrees to provide health-care insurance
coverage for the children. Husband will also be responsi-ble
for any reasonable medical expense not covered by
such insurance, and will pay whatever deductibles are
required by the health-insurance policy. Husband will
continue to pay for reasonable medical expenses of the
children until they are emancipated, as described in
Paragraph 1.

4. SUPPORT
Husband agrees to pay Wife $400 each month,
payments starting on the first day of June, 19__ and
continuing monthly until the final Divorce Decree between
the parties is entered.

5. ALIMONY
After the final decree in divorce between the
parties is entered, Husband shall pay Wife alimony in the
amount of $400 per month for a total of four years.
Payments will cease on remarriage of Wife or if Wife
cohabits. The first payment will be made on the first day
of June, 19__.

or
After the final decree in divorce between parties is
entered, Husband agrees to pay wife maintenance in the
amount of $400 per month while she is enrolled in
Anyplace College. This first payment will be made on the
first day of June, 19__. This obligation will cease on
Wife's graduation or withdrawal from that school, or
remarriage, or if Wife cohabits, or after 36 months,
whichever comes first.

6. HEALTH AND MEDICAL INSURANCE
Husband agrees to execute any documents necessary
and make payments necessary to allow wife and children to
continue receiving health and medical insurance coverage
under the Comprehensive Omnibus Budget Reconciliation Act
(COBRA) of 1986.

or
Husband agrees to provide Wife health and medical
insurance until the final Decree in divorce between the
parties is entered.

7. LIFE INSURANCE
Each party agrees to purchase a life-insurance
policy naming the other party as beneficiary. This policy
will be for an amount sufficient to meet all obligations
entered into pursuant to this agreement in the event of
the death of the obligated party.

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Howard Gibsoncfes@cfes.com has written on legal topics and has edited legal publications since 1981. He served as managing editor of the "Pennsylvania Law Journal-Reporter" (now the "Pennsylvania Law Journal") for seven years and now writes on legal issues for a variety of legal and general-interest newspapers and magazines.