When an individual is awarded alimony, it has been determined by the court of law, that he or she has been left in need of financial support after a divorce. The purpose of the alimony is to help stabilize the individual’s life, and ensure that he or she is in a healthy financial situation.
In Pennsylvania, judges use a variety of factors to determine whether or not a spouse should be awarded alimony. If alimony is awarded, many of these same factors are used to determine the amount. Some of the most commonly used factors include the earning capacity of each spouse, ownership of assets, length of marriage, health of each spouse, expenses for each spouse, who the children will live with, and the expenses of the children.
The judge will analyze each spouse’s circumstances and make a determination on alimony. Alimony can either be issued for a lifetime, or a set period of time. If at any moment the spouse who is receiving alimony gets remarried, the alimony will end.
If the individual who has been ordered to pay alimony fails or refuses to do so at the scheduled time, it will greatly impact the other spouse’s ability to live a normal life. Therefore, the court reserves the right to use extreme measures in order to ensure that the alimony paid.
If you are not receiving the alimony you were awarded, it would be beneficial to consult with a family law attorney, who can help you file a motion with the court, which will initiate the processes of having the courts enforce your alimony order.
Under Title 23 § 3703 of the Pennsylvania Consolidated Statutes, in order to enforce alimony orders, the court can:
- Seize the paying spouse’s assets
- Seize profit made from real estate or rental property
- Order spouse to pay missed payments, as well as the interest associated with them
- Have the paying spouse arrested for contempt of court
- Sentence the paying spouse to up to six months in jail
- Order wage garnishments for up to 50% of the paying spouse’s monthly income
In order to expedite the process of enforcing your alimony order, it would be best to contact Lee Ciccarelli, an experienced alimony attorney who can help you get started on the process of having your alimony order forced. The sooner you seek legal help, the sooner you can start receiving the alimony payments that you deserve.
Lee Ciccarelli is a dedicated West Chester family law attorney who has years of experienced fighting for spouses and families who are not receiving the alimony payments that they are legally entitled to. Ciccarelli Law Offices has offices located in West Chester, Philadelphia, Lancaster, Radnor, Plymouth Meeting, Springfield, Malvern, and King of Prussia, which allow them to provide quality legal representation to individuals in a wide range of areas in Pennsylvania. Aside from alimony disputes, Lee Ciccarelli also focuses on cases involving child custody, child support, divorce, annulment, prenuptial agreements, among others.