Spousal Support

[LWH]

I need help. My wife and I separated. We've been in and out of court and she isn't willing to settle on anything. Between the support conference and master hearing I lost my job of 12 years. we got to the master hearing stated our cases. I get in the mail that they have lowered her earning capacity to part time, feeling she can not work full-time (because, as she says she cries all the time) and used my old salary as what my potential was. Well I'm on unemployment with a $7/hr grocery clerk job. Both my attorney and myself thought support would be lowered. It was raised $50 per week. She will be receiving $830 a month, not working and her bills are extraordinarily low - mortgage is $308. All this for NOT working.

My attorney was stunned. I'm in shock and I need help quick. I need a fast inexpensive way to filing - I'm stretched to the limit.
I reside in PA.

PLEASSSSSE HELP!!!!!!!

 

[LongIslanderGal]

APPEAL, APPEAL, APPEAL......don't know how that happened....I go through the Cumberland County courts in PA and I only get $750 a month with 2 minor children and was assessed an income of $1200 a month with no job at the time. The good thing is that spousal support only lasts until the divorce is final and as long as there is no agreement for alimony then your done paying as alimony in the state of PA is not a mandatory law...!! APPEAL, APPEAL, APPEAL.....!!! Geez..I would love to know your name so I can use your case to show case law for mine.

 

[gettingtheshaft]

As I understand it, an appeal is very difficult to get. I would like to appeal the terms of my divorce, but the chances of getting one are about nil. I'm in NY, maybe it's different here, but I think it's pretty much everywhere. My lawyer has told me as much. SLIM chance.

 

[dorenephilpot]

I don't want to be a party pooper here, but I want to make sure that you don't have unrealistic expectations about your chances of winning on appeal.

Anyone's chances of getting a decision overturned on appeal are slim and none. It's not that it never happens. It's just that it seldom does. Here's why:

The appeals court will NOT reweigh either the evidence or the credibility of the witnesses. It will look only to see whether there were procedural problems in the trial process itself that denied you a fair trial.

Even if an error is found at the trial level, the appeals court has an uncanny way of calling the error "harmless" and using that as a reason not to overturn the decision.

Also, you are pretty much stuck w/focusing on the issues in which your attorney objected on the record (unless you can prove something was a fundamental error that your attorney failed to object to).

You cannot introduce new evidence (unless it was newly discovered and could not have been discovered at the time of trial), either.

Sorry, to be the wet blanket here.....

 

[BettyC]

Dorene:

I am in Kentucky, 53yr old female (permanently disabled (on small Social Security Disability). My husband is 69-yr-old retired Navy...he recently became abusive after 9-yr marriage......he is trying to not pay me Maintenance, insurance, etc.

Would like to know if I might just briefly discuss this with you?

I would really appreciate!

Thank you,
BJC uniquecreati1035@aol.com

 

[dorenephilpot]

BettyC: If he's not in agreement w/providing you w/some form of spousal support, it isn't a lost cause.

In that case, you let the court decide the issue.

If you became disabled during the marriage, then your chances are greater of getting some kind of spousal support.

Hope this information is useful to you.

 

[BettyC]

Dorene re: Maintenance

Thanks so much for your response. I just found it... I did become disabled about two years after our marriage. Today, I got Commissioner's decision back on temporary maintenance. he earns $4600 a month--I got $500 a month. ?? This devastated me...he does have to pay most all bills and house payments till its sold, my car payment, but I only get $472 in SSD and therefore, I will be REALLY hurting as I have all living expenses including utilities, my meds, car ins, food, etc. I cannot believe the court felt I can live on this. Oour standard of living was on about $57,000 a year. Something is really wrong with this picture.

Can "anyone" tell me WHAT? This is just not what I anticipated at all. I knew I was going to suffer, but not this much.

I am very ill from all this; he has lied terribly on what he has to pay in bills, is now pretending he is disabled when he is fit as a top athlete! Is hyper and full of energy, never runs down. Needless to say, I am rather discontent right now and wondering exactly what i should reply to my attorney----who is 'satisfied' with it. I am in a daze.......would appreciate any advice from anyone, as soon as posssible? I need any kind of advice!(from anyone)

Bear in mind, I cannot work--have chronic pain from continuous partial small bowel obstruction and other conditions --premature vascular disease for one), and i am SO afraid he is going to con the court. He is a MASTER of deception. (fooled ME for many years)! Is the opposite of a "standup man"...though makes everyone think he is the greatest.... Again, Dorene, thanks so much! BJC