Is Temporary Support Modifiable While Divorce Is Pending?

Question:

I was the primary breadwinner for many years, but recently while going through the divorce I was fired from my job.

So I am paying large temporary support based off an income I no longer have.

Now that my soon-to-be-ex-wife is the primary earner can I modify the support order and possibly even ask that she provide me with financial support now?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.

Support is generally modifiable during the pendency of a divorce action. If you had a material change in circumstances, then you should think about filing for a modification.

You should look into this right away, but you need to keep in mind that not every change in circumstances, even if material, is necessarily grounds for a modification.

For example, if your income were voluntarily reduced, then you generally would not be entitled to a modification. Common ways that income is voluntary reduced would be by quitting a job or getting fired from a job.

So, the facts and circumstances of your termination are relevant and would be a determining factor in whether you receive a modification based upon your lower income since you were fired.

You also would need to show mitigation of the loss of income; meaning moving forward immediately with measures to replace that lost income and keeping track of all such efforts.

This information and documentation will be needed in the modification to show you have done all that you can to try to mitigate, or reduce the effect, of the lost income.

Also, if you feel that you are entitled to support from your wife at this point, based upon your circumstances, you may want to also cross-file (with you listed as plaintiff and her as defendant) for support.

Just filing for a modification may not be enough, and you should look into filing a support complaint of your own asking that the modification and your support complaint be heard at the same time, which is generally acceptable.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Jana Palko, contact Cordell & Cordell.