What to expect in a support conference

If you are seeking a divorce or separation, you will face a variety of emotional and financial hurdles, as well as potential legal challenges. Determining whether or not your partner will pay monthly support for you and/or your children is done mostly through intake forms and formulas, but other factors are also taken into consideration, with a support conference being the culmination of the process. Ease your mind about support and understand what to expect in a support conference. 

Preparing for a support conference: how to determine alimony

Similar to how equitable distribution is determined in a divorce, Pennsylvania domestic relations code notes, “where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.” These relevant support factors include: 

1. The relative earnings and earning capacities of the parties.
2. The ages and the physical, mental and emotional conditions of the parties.
3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
4. The expectancies and inheritances of the parties.
5. The duration of the marriage.
6. The contribution by one party to the education, training or increased earning power of the other party.
7. The extent to which the 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 the 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. The relative assets and liabilities of the parties.
11. The property brought to the marriage by either party.
12. The contribution of a spouse as homemaker.
13. The relative needs of the parties.
14. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, “abuse” shall have the meaning given to it under section 6102 (relating to definitions).
15. The Federal, State and local tax ramifications of the alimony award.
16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
17. Whether the party seeking alimony is incapable of self-support through appropriate employment. 

When you meet with your family law attorney, expect to fill out in-depth intake forms and provide detailed information like six months of pay stubs, years of tax returns (personal and/or business), medical records (if you have an ongoing condition or treatment that is a financial burden), and retirement account balances. Using a support calculator, your attorney can provide you with estimated monthly payments based on information provided. Additionally, they can help determine whether or not your spouse may seek support and an appropriate strategy to address their request. The goal of obtaining all this information is to help you weigh your options and potential consequences of seeking alimony.

Preparing for a support conference: how to determine child support

Child support, which is decided separately from child custody, is also determined by a calculator, making matters mostly formulaic. When preparing for a child support conference, you will need to provide information like pay stubs, childcare bills or statements, medical/insurance statements, and other expenses related to your child(ren).

Other factors considered in determining child support amounts are alimony (if applicable) and custody, e.g. if you are the primary custodian of your children, it’s likely the expenses you have are higher than a parent who has them every other weekend. The goal of the child support conference is to determine the needs of the child(ren) and ensure they are taken care of.

Working with your family attorney, you can have a pretty accurate picture of what amount of child support you are eligible for receiving or responsible to pay. 

What happens at a support conference? 

A support conference, whether for spousal or child support, is the legal process that formally establishes an order dictating support payments. Both parties and their respective counsel (not required; can be pro se representation) will go before a conference officer to review the gathered financial info. Each county court has its own requirements for documentation and what to bring – your family law attorney will ensure you have everything. 

After reviewing documentation, a support officer develops an order outlining payment amounts and dates, so both parties clearly understand what they are paying or receiving. Additionally, a support order may contain information like:

• Duration – how long payments will be made/received
• Statement of reasons – if necessary, explaining why a decision was made especially if extenuating circumstances exist
• Modification and termination terms – more notably for alimony, outline what actions could trigger changes to existing terms, such as remarriage; may also include age of child(ren)

If both parties agree to the terms in the order, they will sign it at the conference and it will be entered. Both parties will complete paperwork for either direct deposit, or withdrawal, to ensure proper payments are made and received according to the order. If there is no agreement, a hearing will be scheduled to allow for argument before a hearing officer to then finalize the support order.

Why you want attorney representation at your support conference

Sitting across the table from a former partner can feel overwhelming, especially if the relationship is contentious. There are many benefits to retaining a family law attorney when seeking support, including: 

• Being your voice – if you are nervous or have trouble facing your ex, let your attorney speak on your behalf; if the support officer does require you to speak, you have an advocate there to help
• Challenging the data– perhaps your ex is a business owner and you suspect they will try to misrepresent their actual earnings, an attorney can tactfully present this to the support officer with any evidence they have gathered to prove this, void of emotion 
• Addressing concerns – while some factors used to consider support are black and white, considerations like “earning capacity” are more subjective; an attorney can address opposing counsel and/or the officer and speak to these in a way that represents you best

If you are seeking or facing spousal or child support, please reach out to our experienced, compassionate team of family law attorneys in Allentown, PA.