Will my mom have to pay alimony for my father who is out of work, if he receives social security checks every month?

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Will my mom have to pay alimony for my father who is out of work, if he receives social security checks every month?

My father has been out of work for about 10 or 11 years. He claims that he “works” but he doesn’t bring in any money, except for his unemployment checks from social security. My mom has been bringing in the money and has been the primary money maker in the house all of my life. My mom wants to divorce him because he is very passive aggressive and doesn’t treat us nicely at all. Would she have to pay him alimony? In addition would he have to pay child support, I’m 16?

Asked on October 13, 2011 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) It is certainly possible that yoour mother would havve to pay alimony to your father--nothing says that alimony has to be male to female. If your mother is the primary breadwinner and has been supporting him, then that would often entitle him to alimony.

2) Whether he would have to pay child support depends in large part on who gets custody of you, as well as the exact ratio of balance of his income to her income. If she has earned almost all the money that has supported you, it's possible he would have to pay either no child support or minimal.

The above are general principals or guidelines. For a definitive answer based on the specifics of her situation, your mother should consult with a family law attorney.


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